Regulatory Open Forum

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  • 1.  Distributor responsibility for complaint handling

    This message was posted by a user wishing to remain anonymous
    Posted 12-Feb-2019 08:50
    This message was posted by a user wishing to remain anonymous

    Company A manufactures a finished device and sells it to Company B for final distribution in the US. Company B sells the device as is - no changes.

    If Company B receives a complaint about the product and they have a process in place to forward all the info to Company A for complaint investigation, reportability assessment etc, are the activities performed by Company B technically considered part of the complaint handling process? If so, do those limited activities require Company B to register with FDA?

    Note: Company A will maintain the complete complaint files

    Is it acceptable for Company B to close their file once they have passed on the information to Company A or does the Company B file need to remain open until Company A has completed and closed the complaint.

    Thanks for any assistance.


  • 2.  RE: Distributor responsibility for complaint handling

    Posted 12-Feb-2019 09:04
    ​Whose name is on the device?
    For example, does the label say "Manufactured by Company A"? Or "Manufactured for Company B"?

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    Anne LeBlanc
    Manager, Regulatory Affairs
    United States
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  • 3.  RE: Distributor responsibility for complaint handling

    This message was posted by a user wishing to remain anonymous
    Posted 12-Feb-2019 11:54
    This message was posted by a user wishing to remain anonymous

    Company A's name is on the device. Company B is just a distributor


  • 4.  RE: Distributor responsibility for complaint handling

    Posted 12-Feb-2019 14:18
    Company B is required to inform Company A about the complaint. It is A's responsibility to investigate, report if needed and file, as the manufacturer on label. 
    Refer to 21 CFR 803.18 (d)


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    Vidyalakshmi Jayaraman
    RA Specialist
    Marlborough MA
    United States
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  • 5.  RE: Distributor responsibility for complaint handling

    Posted 13-Feb-2019 07:54
    A quick.note Anonymous,

    If Company A is foreign, and Company B is A's Initial Importer, as well as the Distributor, then Company B is obligated to register with FDA as Initial Importer.  "B" also has to review those complaints with regard to reportability (MDR) and report as necessary to FDA on the event. This would need to be worked out beyween A and B, as the report better be consistent if they both report.  OR an option for A is to write to FDA and request a reporting waiver for themselves ("A"),   stating they are assigning those MDR responsibilities on to "B". I would not recommend this, as it gives reporting control to your importer if you are a foreign company , but this waiver path does exist.

    This MDR scenario is only true for Initial Importers. 

    I would say Distributors of any type.should retain complaint records per the Distribution Agreement. If I were "A", I would be periodically auditing them to see what complaints they had received, and if they had passed them on completely and in a  timely manner spelled out in the agreement. If they are in fact doing MDRs, they have to keep the records for defined term as in 21 CFR 803.


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    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
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  • 6.  RE: Distributor responsibility for complaint handling

    This message was posted by a user wishing to remain anonymous
    Posted 13-Feb-2019 15:00
    This message was posted by a user wishing to remain anonymous

    Thanks for all the feedback....

    Both Company A and B are in the US. The plan is for Company B to open the complaint and forward it to Company A based on a timeline that is defined procedurally as well as in an agreement signed by both entities. Company B would then close the complaint and maintain those records as part of their QS. Complaint investigation, MDR decision making etc will be managed and documented by Company A.