FDA Guidance on Enforcement Discretion on Device Codes

FDA has released a final guidance on “Enforcement Policy on National Health Related Item Code and National Drug Code Numbers Assigned to Devices.” The guidance describes the agency’s enforcement of a prohibition against providing National Health Related Item Code or National Drug Code numbers on device labels and device packages described in 21 CFR 801.57(a)-(b). It says FDA does not intend to enforce this prohibition with respect to finished devices that are manufactured and labeled prior to 9/24/2021. In addition, it describes the agency’s intent to consider requests for continued use of FDA labeler codes under its unique device identifiers system.

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