Exer Labs Illegally Marketing Exer Scan: FDA

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A 10/17-1/24/2024 FDA inspection at Exer Labs in Denver, CO, determined that the firm is illegally marketing its Exer Scan. A just-released 2/10 Warning Letter says the firm does not have an approved PMA or IDE application for its device and also did not notify FDA of its intent to introduce the device into commercial distribution.

The inspection also found these Quality System Regulation violations:

  • failure to adequately establish procedures for design controls;
  • failure to establish procedures for receiving, reviewing, and evaluating complaints by a formally designated unit;
  • failure to adequately establish procedures for corrective and preventive actions;
  • failure to establish procedures to ensure all purchased or otherwise received products and services conform to specified requirements;
  • failure to establish procedures for management review;
  • failure to establish procedures for quality audits; and
  • failure to establish procedures for training and identifying training needs.

Exer Labs was told to cease activities that result in the misbranding or adulteration of the Exer Scan. FDA also told it to act promptly to correct the Quality System violations and to respond with a list of specific steps it has taken to address the violations and prevent their recurrence, with documentation of the steps and a schedule for completing the corrections.

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