Regulatory Open Forum

 View Only
  • 1.  promotion material MDR

    Posted 08-Jul-2021 03:59
    Dear all,

    I have a quick question:
    Does the the promotional material (i.e. Flyer) need to include the CE-sign and the Notified Body's CE-Number of the device being advertised?
    And before you start to mention it: I am aware that every claim in promotion needs to be backed up with test results ;-)

    Thanks!

    Britta

    ------------------------------
    Britta Cyron
    Quality Manager
    Dorsten
    Germany
    ------------------------------


  • 2.  RE: promotion material MDR

    Posted 09-Jul-2021 01:27
    Hi Britta,

    your question refers to MDR Art. 20 (5) where the following is mentioned:

    "The identification number shall also be indicated in any promotional material which mentions that a device fulfils the requirements for CE marking."

    So if you promote that your device is fulfilling the MDR requirements, you also need to add the CE mark and identification number.

    Hope that helps - All the Best

    Markus

    ------------------------------
    Markus Lantermann
    Head of Q&R Region International
    Mannheim
    Germany
    ------------------------------



  • 3.  RE: promotion material MDR

    This message was posted by a user wishing to remain anonymous
    Posted 09-Jul-2021 09:09
    This message was posted by a user wishing to remain anonymous

    Based on Article 20(5): CE Marking 
    Where applicable, the CE marking shall be followed by the identification number of the notified body responsible
    for the conformity assessment procedures set out in Article 52. The identification number shall also be indicated in any
    promotional material which mentions that a device fulfils the requirements for CE marking. 


    As we have class only class device, if you still have questions - I would suggest you check the agreement you have with your NB. 
    In addition in our case, we have decided that promotional material accompanying the medical device will have a CE mark. and others (which also do not mention the fulfillment of the requirements for CE marking) will not.


  • 4.  RE: promotion material MDR

    Posted 09-Jul-2021 13:47
    Edited by Kevin Randall 09-Jul-2021 13:49

    Though many of us have undoubtedly observed the placement of a CE mark on promotional flyers, I suggest that such a practice is contrary to the basic product-inscription intentions established by the European authorities for use of the CE mark.  Accordingly, I recommend against placing CE marks on advertising literature, websites, and other promotional pieces, except for "sales packaging" (i.e., artwork on physical boxes, pouches, etc.).  I explain further below.

    When reviewing the basic principles for CE marking in EU MDR Article 20 and Annex V, in the Blue Guide, in Europe's "common framework" for marketing of products, in Regulation (EC) 765/2008, and the like, the intrinsic focus is oriented toward the subject device's physical, chemical, configurational, functional, etc., attributes, and the ability of those attributes to support the affixing of the CE mark inscription.  We know this to be true because key legislative concerns are visibility, indelibility, readability, dimensional, etc., with immediate provisions for alternative marking options regarding devices whose basic physical, chemical, configurational, functional "markability" (my own term) don't permit the affixing of the CE mark to the device, where in such instances we can instead place the mark on the accompanying legislatively-driven documents (i.e., on the information supplied with device, i.e., on the EU MDR Annex 1 Section 23 information, i.e., on the label and instructions for use).

    Another telling angle is the Blue Guide's statement that "CE marking does not serve commercial purposes, i.e. it is not a marketing tool."  Accordingly, I suggest that the EU MDR Article 20(5) reference to, "promotional material which mentions that a device fulfils the requirements for CE marking" [my emphasis added] should be interpreted as just that [i.e., as a "mention of", i.e., as a promotion of, the device's conformity), rather than to the actual affixing of a CE mark to the promotional materials.



    ------------------------------
    Kevin Randall, ASQ CQA, RAC (Europe, Canada, U.S.)
    Principal Consultant
    Ridgway, CO
    United States
    © Copyright 2021 by ComplianceAcuity, Inc. All rights reserved.
    ------------------------------