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  • 1.  Device marked with two manufacturer names

    This message was posted by a user wishing to remain anonymous
    Posted 27-Jan-2023 08:57
    This message was posted by a user wishing to remain anonymous

    Hello all,

    I've encountered a situation at my current site and would value some thoughts from the wider RA community.  We place a device on the EU market with two manufacturers names on the physical item – our UK legal entity name and CE mark as EU MDR Article 2 "manufacturer", and the European maker's trademark name (that is well respected).

    The device is a Class I self-declared, non-sterile, instrument and we place it on the EU market in our name with the intention of being the Article 2 "manufacturer", and to comply with the requirements thereof.

    We buy the device from a maker in Europe whose trademark name has a stronger reputation than our name has; the European maker leaves their trademark name and location on the device but does not affix any CE mark of their own.  The European maker and the UK "manufacturer" are unrelated legal entities.

    The European maker has the intellectual rights to the device, we simply buy it from them and, at our request, they put our legal entity name and our CE mark on it.  The European maker produces these products for markets other than the medical device industry and we intend that these are sold as medical devices to healthcare professionals under our name.

    Hence we have a device with two names on that item.  There are two views, internally, on this.  The Marketing Director's view, which is the EU MDR does not state that only one "manufacturer" must be named on a device – so his view is we can have our name as Article 2 "manufacturer" as well as the trademark name and location of the European maker.  And mine, that only one "manufacturer" should be named on the device as that name has the full responsibility for the product in the EU.  Put two names on and who is the manufacturer – us or the (better known) European maker via their trademark?

    I would really value and welcome your comments; hope you can help.

    And apologies if it's a bit wordy….I wanted to explain it as clearly as possible.

    Regards,
    RD



  • 2.  RE: Device marked with two manufacturer names

    Posted 27-Jan-2023 13:02
    Hi,
    There can be 2 names on the label as manufacturer, that is right, but  do you have permanent access to the technical documentation. When placing the device on the market and your company name appears on the labelling/packaging, you are considered a "legal manufacturer" and therefore must have permanent access to all technical documentation. That makes all the difference.
    Thanks


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    RAJE DEVANATHAN
    Senior Manager
    Oakville ON
    Canada
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  • 3.  RE: Device marked with two manufacturer names

    Posted 27-Jan-2023 14:11
    Edited by Kevin Randall 27-Jan-2023 14:18
    Hello Anon RD,

    I'd say both you and your Marketing Director have some merited insights.  It has been a longstanding medical device precedent in Europe that multiple names can in general appear on the label as long as only one of those names is recognized as the EU MDR Article 2(30) manufacturer.  So there can be multiple names, yet only one Article 2(30) manufacturer.

    For example, though perhaps not exactly the same as your scenario, Article 16(1)(a) includes a provision where importers and distributors can have their name on the label in addition to a manufacturer's name as long as the manufacturer is identified as such and is responsible for meeting the requirements of the EU MDR.  And if one stretches Article 16(1)'s opening scope, "...or other natural or legal person..." into point (a), then this multi-name provision clearly would cover your scenario.  But that could be viewed by some as too much of a stretch without further concurrence from responsible regulatory authorities.  Note that the meaning of, "...identified as such..." is generally understood to mean use of the EN ISO 15223-1 (as amended) symbol 5.1.1 for 'Manufacturer' with the corresponding operator's name.

    Ultimately, I'd recommend a clarification/adjustment in your strategy that would certainly meet the EU MDR legislative requirements.  Specifically, if your well-reputed European Maker's name / trade name can be integrated into the subject device's name / trade name (such as "European Maker Widget", "European Maker brand Widget", etc.,) rather than showing the European Maker as a separate entity/operator, then that would fit nicely into the EU MDR's legislative boundaries.  I wonder if you're already doing that?  And if not, I wonder if Marketing (and Operations) would consider such an approach in order to meet Marketing's branding goals without compromising the organization's regulatory compliance?

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    Kevin Randall, ASQ CQA, RAC (Europe, U.S., Canada)
    Principal Consultant
    Ridgway, CO
    United States
    © Copyright 2023 by ComplianceAcuity, Inc. All rights reserved.
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  • 4.  RE: Device marked with two manufacturer names

    Posted 28-Jan-2023 03:04
    Hello Anon,

    There can be multiple names of companies on the product labelling, more specifically two company names on the device label, but it needs to be clearly identified who is the (legal) Manufacturer of the device as others have indicated.  In fact, with the removal of Own Brand Labelling (OBL) some companies "co-brand" in order to manage the regulatory responsibilities.  So first, the Manufacturer needs to be clearly identified on the device label which is usually done with the "Factory" symbol and has contact information provided.  The Manufacturer (legal manufacturer) as listed on the label has the full regulatory responsibility for the product, such as Technical Documentation, quality system, vigilance, etc.  The second company name can be a partner, marketing entity, distributor, etc., which their name can appear somewhere on the labelling - even contact information.  However, within the Quality System of the Manufacturer it should be very clear the relationship between the two companies and more importantly who is responsible for what activities.

    As an example, some name on the label might be a Distributor with all of their contact information clearly shown because of course they are the distributor.  Then on the back of the device or maybe down below on the label is the actual name of the Manufacturer.  Therefore when the Distributor gets calls for order, complaints, vigilance, technical support, etc., the companies should clearly identified how this is all handled.  (And the Distributor should of course have procedures in their own company describing how complaints, etc. are handled).  Not too wordy, quite helpful to understand the situation.  So no, there can not be two Manufacturer names on the label, but yes, there can be one Manufacturer name and the name of another entity.  I saw an example where the product was all in the colouring, logos, stripes, wording, etc. of Company A which had the brand reputation, but on the device label it stated Company B as the Manufacturer.  This meant Company B received all the audits, had the CE Certificate, etc., and Company A sold the product - remember there needs to be documentation behind showing how all this is done between the companies.  Hope that helps in your determination.

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    Richard Vincins ASQ-CQA, MTOPRA, RAC
    Vice President Global Regulatory Affairs
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