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The Least Burdensome Provisions: Concept and Principles: Guidance for Industry and FDA Staff

FinalCenter for Devices and Radiological Health Center for Biologics Evaluation and Research02/05/2019

Description

The Food and Drug Administration (FDA) is committed to helping patients gain more timely access to new medical devices and to maintaining continued access to existing medical devices that are high quality, safe and effective, by expediting their development, assessment, review, and surveillance, consistent with the Agency's statutory mission to protect and promote the public health. By streamlining regulatory processes and removing or reducing unnecessary burdens associated with FDA regulatory activities, patients can have earlier and continued access to beneficial products.

Scope & Applicability

Product Classes

10
Medical Device

FDA intends to assess device cybersecurity based on a number of factors; demonstrate or maintain its safety and effectiveness; ensuring cybersecurity has become essential to FDA’s ability to protect the public health; Cyber-resiliency capabilities for medical devices

General wellness products

Low risk devices under enforcement discretion

Mobile medical applications

Subject to enforcement discretion policy

Companion diagnostics

Analytical studies for long-term outcomes

Software as a Medical Device (SaMD)

Software performing medical purposes without being part of hardware

Class I device

Device category that may be exempt from certain UDI requirements if GMP exempt.

Class II device

Device classification mentioned regarding novel sterilization methods

peripheral vascular stents

support determinations of a reasonable assurance of safety and effectiveness

Combination Product

Products combining drug, device, or biological constituents; Generally recommended for Enhanced Documentation; Requires 14971-based framework incorporating ICH Q9; A drug-device combination where the device constituent part detects ingestion.

Class III Device

Generally recommended for Enhanced Documentation; Regulatory classification mentioned for implantable sensors and HPV tests; Mentioned in the context of an in vitro nucleic acid test for CMV DNA.

Stakeholders

3
Obstetrics and Gynecology Devices Advisory Panel

Consulted to establish OPC for endometrial ablation devices

Device establishments

Firms requesting feedback on inspectional observations

Manufacturer

Entity responsible for submitting NDINs

Related CFR Sections (3)

Related Warning Letters (10)

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    Envoy Medical Inc.

    2025-12-09
  • CGMP/QSR/Medical Devices/Adulterated

    Hong Qiangxing Shenzhen Electronics Limited

    2025-11-25
  • CGMP/QSR/Medical Devices/Adulterated

    Contec Medical Systems Co., Ltd.

    2025-10-28
  • CGMP/QSR/Medical Devices/Adulterated/Misbranded

    Royal Philips

    2025-10-28
  • CGMP/QSR/Medical Devices/Adulterated/Misbranded

    Qianjiang Kingphar Medical Material Co Ltd.

    2025-10-28
  • CGMP/QSR/Medical Devices/Adulterated

    LEVO AG

    2025-10-21
  • CGMP/QSR/Medical Devices/Adulterated

    Technological Medical Advancements LLC

    2025-10-07
  • Medical Device/Adulterated/Misbranded/Lacks PMA and/or 510(k)

    The Richline Group, Inc.

    2025-09-23
  • Investigational Device Exemptions (IDE)/Premarket Approval Application (PMA) Adulterated Device

    SeniorLife Technologies, Inc.

    2025-09-16
  • CGMP/QSR/Medical Devices/Adulterated

    Miach Orthopaedics

    2025-08-26

See Also (8)