510(k) clearance claim on medical device product packaging

#1
Hello all.

If a medical device is 510(k) cleared, will it be possible to stay 510(k) cleared claim on the packaging of the product? Or this is a misbranding issue?

Thank you.
 
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Ronen E

Problem Solver
Staff member
Moderator
#2
It's not misbranding as long as you're 100% factual. Remember that "510k clearance" is factually a SE determination - no more, no less.

The FDA is not fond of manufacturers trying to leverage their regulatory position for marketing gain. Specifically, they might come down hard on you if you try to hint or suggest that the device is in any way "approved by the FDA" (unless you have a PMA, which is exactly that - approval).
 
#3
It's not misbranding as long as you're 100% factual. Remember that "510k clearance" is factually a SE determination - no more, no less.

The FDA is not fond of manufacturers trying to leverage their regulatory position for marketing gain. Specifically, they might come down hard on you if you try to hint or suggest that the device is in any way "approved by the FDA" (unless you have a PMA, which is exactly that - approval).
Thank you for your reply!!

I am a bit concern with the FDA cleared claims on the product packaging (we a have a product with 510(k) clearance). As I couldn’t find a specific statement that mention FDA cleared statement is forbidden to use.
Meanwhile, for example with 3M mask product, their products didn’t show any FDA cleared claims on their packaging even they are FDA cleared.
 

shimonv

Trusted Information Resource
#4
Hi Benson,
My advise to you is to put this statement in your promotion material or your website, not on the package.
 

craiglab

Involved In Discussions
#7
Be careful. Good ad & pro practice is not to go there. Read 21 CFR 820.807 "Any representation that creates an impression of official approval of a device because of complying with the premarket notification regulations is misleading and constitutes misbranding." And I only supply substantial equivalence letters in response to hospital inquiries.
 
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