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  • 1.  FDA Registration Advice Required

    This message was posted by a user wishing to remain anonymous
    Posted 21-Jan-2020 09:05
    This message was posted by a user wishing to remain anonymous

    Hi

    I'm working with a client who has developed a pneumatic tourniquet for blood flow restriction training.  The intended use for the product is

    "for use on the limbs of healthy individuals to improve or facilitate muscular performance."  My view is that as this does not have a medical purpose it doesn't meet the definition of a medical device in the US and so would not need to be registered in the US. Am I correct in this assumption?  Also can anyone advise if there are any other additional US regulations that sports products need to meet?

    With a medical claim it would probably fall under 21 CFR Part  878.5910, https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=878.5910.  Devices under this part of the regulation are intended to be utilised during surgery and are Class I exempt.  There is no intention by the company to include a claim for use during surgery but the company may want to add a rehabilitation claim that the device treats injuries and speeds up recovery at some point in the future.  With this claim would the device be considered to have a medical purpose in the US?  If so would it fall under 21 CFR Part 878.5910?  There is no other regulation that I can find which would apply to the product.

    Thank you in advance for your help with this.



  • 2.  RE: FDA Registration Advice Required

    Posted 21-Jan-2020 14:10
    Why don't you think it is currently intended to affect a function of the body?

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    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Mebane, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 3.  RE: FDA Registration Advice Required

    Posted 22-Jan-2020 05:34
    It sounds like the product might not be a medical device, but also depends on any other claims being made for the product.  My recommendation is to ask FDA directly, they have a good program set up to determine whether a product is a medical device or not: https://www.fda.gov/medical-devices/classify-your-medical-device/how-determine-if-your-product-medical-device.  Down at the bottom of the page is an email address you can ask the question.  Try to be detailed as thorough as possible, yet not send a book through the email.  If you think the product might have a FDA Product Code, and possibly be a medical device, you can also use the 513(g) classification process to receive confirmation your product is or is not a medical device: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/fda-and-industry-procedures-section-513g-requests-information-under-federal-food-drug-and-cosmetic.  Both options are not completely binding, but the 513(g) at least there is a more formal process to receive a response.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 4.  RE: FDA Registration Advice Required

    Posted 23-Jan-2020 11:09
    I believe it would still be under medical device since it falls under: 
    intended to affect the structure or 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 or other animals and

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    Artur Shchukin RAC, MS, ASQ-CQA
    Manager, RA/QA
    New York NY
    United States
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  • 5.  RE: FDA Registration Advice Required

    Posted 23-Jan-2020 11:47
    Artur, I agree that argument can be made, but I'm inclined to think CDRH is loathe to make it, or it would find itself having to regulate all sorts of products it doesn't want to regulate.  At the same time, it probably doesn't want to give it up, so it can use it if a situation arises that it comes in handy.  In short, it's just bad language.

    GIven all that, I'm inclined to agree with the way CDRH has mostly resolved this quandary, which is to add "in patients, healthcare providers, or a healthcare environment."  By that logic, as long as it is not for use by a definable patient population (e.g., those in rehab), it is probably not a medical device.

    Of course, whether it is or is not a medical device will not be resolved by a majority vote in the RAPS Forum. :)

    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Mebane, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------