The Food and Drug Administration

Allison KotchmanVictoria Gilbride

What is the FDA?• An agency within the U.S. Department of Health and

Human Services• It consists of the Office of the Commissioner and four

directorates overseeing the core functions of the agency– Medical Products and Tobacco– Foods and Veterinary Medicine– Global Regulatory Operations and Policy– Operations

• Current Commissioner– Dr. Margaret A. Hamburg, M.D.

What is the FDA responsible for…• Protecting public health by assuring that foods are

– Safe– Wholesome– Sanitary– Properly labeled

• This excludes products regulated by the Dept. of Agriculture– Meat from livestock– Poultry– Some egg products

What is the FDA responsible for…• Ensure safety and effectiveness of

– Human and veterinary drugs– Vaccines– Biological products intended for human use– Medical devices intended for human use

• Protection from electronic product radiation• Assure safety and proper labeling of cosmetics

and dietary supplements• Regulation of tobacco products• Advancement in public health through innovation

Who does the FDA regulate?

• 50 states• District of Columbia• Puerto Rico• Guam• Virgin Islands• American Samoa

An Overview of the FDA•Regulates more than $1 trillion worth consumer goods.•25 cents of every dollar spent by Americans

•Employs 9,000 employees•cost is $3 / person/yr•95,000 FDA-regulated businesses

Visits to 15,000 facilities/yrcollect 80,000 domestic & imported product samples

Violations of FDA laws & regulations

– encourage firm to voluntarily correct the problem– recall a faulty product from the market

•about 3,000 products recalled/yr– FDA can go to court to force a company to stop

selling a product, can seize and destroy products– Also criminal penalties against manufacturers and

distributors

Latest Major Medical Device Ruling• Require electronic tracking codes on all medical

devices– Surgical devices, hip/knee implants, pacemakers, etc.

• Laser etched marking on each piece– Identifies the make, manufacture date, and lot

number• Help regulators, doctors, and companies monitor safety

issues with devices• Effective Sept. 20, 2013 (yes, like a month ago)

History of the FDA • Oldest comprehensive consumer protection agency in

the U. S. federal government• Appointment of Lewis Caleb Beck to the US Patent

Office in 1848– Job of carrying out chemical analysis of agricultural

products

• 1906 Pure Food and Drugs Act (The Jungle)• Began as Division of Chemistry, then the Bureau of

Chemistry, then the Food, Drug, and Insecticide Administration (1927), then the FDA (1930)

History con’t.Bureau of Medical Devices (BMD) 1974

◦ Began classifying medical devices

Medical Device Amendments 1976◦ Implemented Class I, II, and III medical device classification scheme◦ Manufacturers had to notify FDA prior to marketing any device,

unless the device was exempt◦ Introduced concept of substantial equivalence to pre-amendment

devices◦ Certain products previously classified as drugs were reclassified as

class III devices ◦ Required registration of medical device establishments

History (con’t)• Good Manufacturing Practices Regulation (GMP) 1978

– Comprehensive set of requirements on• Facilities• Methods• Controls for manufacturing, packaging, and storage of medical devices

• Medical Device Reporting Regulation (MDR rule) 1984– Requires manufacturer to submit a report to FDA whenever a device they

marketed might have caused an adverse event resulting in death or serious injury

– Must file a report whenever 1 device was known to have failed and a repeat occurrence would be likely to lead to death or serious injury

History con’t• Medical Device Amendments of 1992

– Refined medical device tracking regulations– Made noncompliance with post-market surveillance a civil or

criminal penalty– FDA can require repair, replacement, or refund for devices not

designed or made properly

• Medical Device Reporting regulation for Manufacturers 1995– Requires device manufacturers to provide FDA with more

information about adverse events with substantially more specificity

History

• FDA Amendment Act of 2007– “Best Pharmaceuticals for Children Act”

• Encouraged more studies in children• Promotes development of treatment for

children

– Uses FDA authority to require studies in children regarding certain medical products

What is a Medical Device?

Medical Device (section 201 of Federal Food, Drug, & Cosmetic Act) Instrument, apparatus, implement, machine, contrivance, implant, in

vitro reagent, or other similar or related article including any component, part, or accessory which is:

recognized in the official National Formulary, or the United States Pharmacopeia (USP), or any supplement to them;

intended for the use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or animals; or

intended to affect the structure of any function of the body of man or other animals; and which does not achieve its primary intended purposes through chemical action within or on the body of man… and which is not dependent upon being metabolized for the achievement of its primary purposes (i.e. not a drug).

Which Class is my Device?• Depends mainly on intended

use and indications for use

Classification of Medical Devices

Class I Medical Devices “General Control” Not life sustaining, no risk to life Least risk of injury to either the operator or the patient Only general controls such as adulteration/misbranding,

registration and listing, repair, replacement, refund, and banned products are needed to ensure safety and effectiveness

Some class I devices can be exempt from PMN (Pre-Market Notification) and/or GMP (Good Manufacturing Practice)

Examples: manual stethoscopes, surgical scalpels, forceps, wheelchairs, elastic bandages, exam gloves, hand-held surgical instruments

Class II Medical Devices “General and Special Control” Not life sustaining, no risk of life Need additional controls such as performance standards,

post market surveillance, special labeling, patient registries, guidelines, recommendations

Usually exempt from proving safety and efficacy, however FDA may require additional laboratory or clinical studies

Never exempt from PMN or GMP Examples: endoscopes for viewing body cavities, surgical

lasers, powered wheelchairs, infusion pumps, surgical drapes, physiological monitoring

Class III Medical Devices “General and Premarket Approval”◦ General and special controls not sufficient to establish safety and efficacy◦ Used to support or sustain life or present a potential unreasonable risk of

injury or illness◦ Generally requires an approved premarket approval (PMA) application

(PMAA), unless: equivalent to devices marketed before 5/28/76 in which case you follow premarket

notification (PMN or 510(k)) process unless FDA has already made that type of device follow the PMA process

PMA can take several years

◦ Failure mode analysis, animal tests, toxicology, human clinical trials (IDE and IRB) are required

◦ Examples: indwelling gas analyzers, implanted cardiac pacemakers, balloon catheters, stents, cardiac arrhythmia alarms, heart valves, breast implants

Types of Class III Devices

Preamendment Device Device that was in commercial distribution before May 28, 1976, the date the

Medical Device Amendments were signed into law. Require a PMA only after FDA publishes a regulation calling for PMA

submissions.

Postamendment Devices Device that was first distributed commercially on or after May 28, 1976.

Subject to same requirements as equivalent preamendment devices.

Transitional Devices Device that was regulated as a new drug before May 28, 1976. Any Class III device that was approved by a New Drug Application (NDA) is

now governed by the PMA regulations. Some of the transitional devices were down-classified to Class II.

Types of Devices

In Vitro Diagnostics (IVD) Medical devices that test for diseases, conditions, or infections. Can be used in a laboratory setting, a professional healthcare setting, or even for

at home use. Includes reagents, instruments, kits, or systems used to examine body specimens

such as blood or tissue. Examples:

Common tests include blood tests for glucose, liver enzymes, levels of electrolytes such as calcium, sodium, and potassium, and tests for drugs.

‘Specimen receptacles’ - devices specifically intended by their manufacturers for the primary containment and preservation of specimens derived from the human body for the purpose of in vitro diagnostic examination.

Exempt: General lab equipment not specifically intended for in vitro diagnostic examination.

Types of Devices

Combination Devices A product that is a combination of a drug, device, and/or biologic. Includes products that are physically or chemically combined, products

that are packaged together as one unit, and any other products that are intended for use specifically with another product.

Office of Combination Products (OCP) assigns which center has the primary responsibility for these types of devices.

Examples:

Device coated with

drug or biologic

Drug delivery system

Types of Devices

Custom DevicesDevices ordered by a physician or dentist for his or

her own use or for a specific patient and that are not generally available.

These devices cannot be labeled or advertised for commercial distribution.

Currently being scrutinized by the FDA since a complete DHF and FDA submission is not required.Doctors must sign waivers saying that they release

the company from all liabilities.

FDA Approval Process

• Registration– Medical device manufacturers, US importers, distributors,

repackers, and relabelers must register with the FDA.– Exempt from registration:

• Licensed practitioners such as physicians, dentists, and optometrists who manufacture or alter devices solely for their own use or practice.

• Retail outlets, research manufacturers with no commercial products, warehouse operators provided they do not alter the devices, delivery people, people who dispense such as audiologists, optometrists, etc.

FDA Approval Process

• Device Listing– After being cleared for commercial distribution,

the owner/operator must list the device with the FDA.

– Identifies the owner/operator and all others involved in the manufacturing, repacking, relabeling, specification development, distribution, or importation of the device.• Responsibility of the device is now listed

FDA Approval Process• Device Labeling

– FDA requires following information on a label:• Common name of device and accurate statement of its principal

intended actions.• Adequate directions for use:

– Indications, dose, frequency of administration, duration of administration, time of administration, route of administration, preparation for use

• Declaration of its net quantity of contents.• Name and address of the manufacturer, packer, or distributor.

FDA Approval Process• Premarket Approval (PMA)

– PMA is the FDA process of scientific and regulatory review to evaluate the safety and effectiveness of Class III medical devices.

– PMA’s must contain sufficient scientific evidence to ensure it is safe and effective for its intended use.

– FDA regulations provide 180 days to review the PMA and must decide that the device is safe and effective for PMA approval which may use advisory committees

– If there is not an effective date listed for the PMA then a Class III 510(k) should be submitted.

FDA Approval ProcessPremarket notification (PMN or 510(k) )

◦ Any Class I, II or III device intended for human use that does not require a PMA must submit a 510(k) unless: the device is exempt from PMN was marketed before May 28, 1976 requires premarket approval (PMA)

◦ This is a premarket submission to the FDA that demonstrates that the device is as safe and effective as a legally marketed device which is not subject to PMA (aka equal). The legally marketed device to which equivalence is drawn is known as the predicate

device.

◦ This allows the FDA to decide whether the device is substantially equivalent to a legally marketed Class I or Class II device, or to a predicate Class III device not requiring a PMA

FDA Approval Process

• Premarket notification (PMN or 510(k) ) (cont)– To say the device is substantially equivalent means it need to be

AT LEAST as safe and effective as the predicate device therefore it:

• Has the same intended use as the predicate and as the same technological characteristics as the predicate OR

• Has the same intended use as the predicate and has different technological characteristics and information submitted to the FDA

– A device may not be marketed until the device is declared substantially equivalent. If it is not then the submitter may

• Resubmit a 510(k) with new data• Submit a PMA• Or reclassify the device

FDA Approval Process• Good Manufacturing Practices (GMP)

– Part of a quality system covering the manufacture and testing of pharmaceuticals, food and medical devices.

– Includes clearly defined and controlled processes to validate a process for consistent testing and results.

– Must provide assurance that the device is manufactured under regulated conditions and controls that ensure it is safe and effective for the intended use.

• 6o

– Needs a quality assurance program (QA)• Refers to a program with systematic monitoring and evaluation to ensure

the quality of the system/product is met.– Quality Departments

FDA Approval Process

• Investigational Device Exemptions (IDE)– Section 520 of the FD&C Act provides manufacturers the

authority to ship devices solely for investigational use if they obtain approval for an IDE as part of a Pre Market Approval

• get the clinical data needed for the PMA

– Unless exempt, all clinical evaluations of investigational devices must have an approved IDE before starting the study.

– If evaluation is not cleared for marketing requires: • An IDE approved by an institutional review board (IRB) and if there is a risk with the

device then FDA approval is also needed.• Consent from patients• Labeling for investigational use only• Monitoring of the study as well as records and reports.

FDA Approval Process

• Investigational Device Exemptions (IDE) (cont)– the IDE application must include

• device description• prior investigations• investigational plan• facility where the device was made• investigator agreements• institutions where the study will be conducted• proposed labeling• description of clinical evaluation and IRB supervision• informed consent from human subjects