FDA Again Seeks Ban on Shock Devices

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FDA is again proposing to ban electrical stimulation devices intended to reduce or stop self-injurious or aggressive behavior. The agency has determined that this rare regulatory move is necessary because the devices present an unreasonable and substantial risk of illness or injury.

FDA issued a final rule in 2020 banning the devices, but this was vacated by the U.S. Court of Appeals for the District of Columbia Circuit on 7/6/2021. In its ruling, the court found that FDA did not have authority to ban some, but not all, of its intended uses. Subsequently, Congress amended the FD&C Act to expressly state that FDA’s authority to ban a device includes the authority to ban some of a device’s intended uses. The new proposed rule, if finalized, would reestablish the ban now that it is clear that the agency has the authority to do so.

The devices are intended to deliver electrical shocks through electrodes attached to an individual’s skin to attempt to reduce or stop harmful behaviors, FDA says. “Notably, some people who exhibit self-injurious or aggressive behavior have intellectual or developmental disabilities that make it difficult for them to communicate or make their own treatment decisions,” it explains. “These devices present a number of psychological risks including depression, anxiety, worsening of underlying symptoms, development of post-traumatic stress disorder, and physical risks such as pain, burns, and tissue damage.”

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