Guide on 510(k) Benefit-Risk Factors

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FDA has issued a final guidance entitled “Benefit-Risk Factors to Consider When Determining Substantial Equivalence in Premarket Notifications (510(k)) with Different Technological Characteristics” that is intended to promote consistency, predictability, and transparency in the device submission review process when determining substantial equivalence for devices that have different technological characteristics, which do not raise different safety and effectiveness issues, than a recognized predicate. Technological characteristics are materials, design, energy source or other features of the device, the agency says. “The benefit-risk profile of a new device does not need to be identical to the predicate device for it to demonstrate substantial equivalence.” it says.


The guidance addresses situations when the benefit-risk profile of a new device may be different from that of the predicate device, and provides recommendations on some key scenarios: For example, when there is 1) An increase in risk and increase or equivalent benefit or 2) A decrease in benefit and a decrease or equivalent risk when comparing a new device to a predicate device. In these situations, a benefit-risk assessment should be conducted comparing the benefits and risks of a new device to a predicate device. The guidance also provides several hypothetical examples of benefit and risk evaluations, which may assist in understanding when the benefit-risk factors identified apply to certain submissions.

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