FDA Continues Device Supplement Guidance
FDA has issued an immediately effective guidance, Enforcement Policy for Certain Supplements for Approved Premarket Approval (PMA) or Humanitarian Device Exemption (HDE) Submissions, saying the agency will not object to certain limited modifications within the scope of the guidance being implemented with a retrospective update in the next periodic report. The document supersedes one issued during the Covid-19 public health emergency in 5/2020 that was updated in 5/2022.
Examples of allowable modifications cited in the guidance are:
- design and manufacturing changes to address component unavailability due to supply chain disruptions;
- manufacturing changes to allow an establishment to maintain operations and accommodate social distancing in appropriate situations based on local conditions;
- changes in manufacturing facility or establishment; and
- changes to packaging procedures.
While the policy originally was intended to address Covid-19 issues, FDA says its experience has generally demonstrated that the public health equities weigh in favor of exercising certain enforcement policies for the submission of certain PMA and HDE supplements beyond a 180-day extension after the expiration of the official Covid-19 public health emergency, which expired on 5/11.
“FDA has evaluated the benefits and risks to patients and healthcare providers of exercising certain enforcement policies including identifying certain device modifications for which enforcement policies might be appropriate, and assessing other lessons learned from implementation of Covid-19-related enforcement policies for certain device modifications,” the guidance says. “FDA has continued to observe supply chain challenges and shortages of medical devices remain widespread. Although this guidance has been revised to remove any expiration date for the enforcement policy, FDA intends to continue to monitor the situation and may make further revisions to the guidance, withdraw the guidance, or pursue other regulatory actions, as appropriate.”