FDA Denies Petition on Scrubs as Medical Devices
FDA has denied a petition submitted on 12/11/2020 by attorney James Czaban (Loeb & Loeb) asking that the agency “clarify and confirm circumstances … under which garments generally known as ‘scrubs,’ which are worn as daily-wear uniforms by a wide variety of employees in various healthcare settings, are not ‘devices’ within the meaning of the Federal Food, Drug, and Cosmetic Act and FDA’s implementing regulations, and that such products also are not devices if they incorporate an antimicrobial component solely for purposes of protecting the garment.” In its response, FDA says gowns and other apparel would broadly be regulated as a medical device when they are intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease or when they are intended to affect the structure or any function of the body.
FDA says its intended use decisions are product-specific and sponsors who are uncertain about a specific product and its intended use should seek agency feedback. The response says the agency does not believe additional rulemaking, guidance, or an advisory opinion is warranted in response to the issues raised in the petition.
The letter says Czaban’s third requested action is not a proper subject for a citizen petition because it asks the agency to refrain from taking enforcement action.