• Allyson B. Mullen

    • The Rise of eSTAR for Medical Device De Novo SubmissionsOctober 24th, 2023

      As of October 1, 2023, all 510(k) submissions, unless exempted, must be submitted to FDA using the electronic Submission Template And Resource (eSTAR).  The same template can also be used for De Novo submissions.  Currently, eSTAR is voluntary for medical device De Novo submissions, but …

    • Proposed LDT Rule Raises Many Questions but Provides Few AnswersOctober 6th, 2023

      As we reported last week, FDA has issued a 26 page, single spaced, tiny-font Proposed Rule of Laboratory Developed Tests (LDTs).  There is much to unpack, and we intend to do so in a series of blog posts. In this post, we focus on the …

    • We Have an LDT Proposed Rule!September 29th, 2023

      It’s the moment we’ve all been waiting for, dreading, anticipating . . . . Today, FDA released a copy of a proposed rule to regulate laboratory-developed tests (LDTs), which is scheduled to be published in the Federal Register on October 3rd.  The proposed rule has a …

    • Out At Home: FDA’s Vocal Support of Home Testing but Reluctance to Clear Novel OTC Home TestsJune 23rd, 2023

      FDA has been clearing over-the-counter (OTC) in vitro diagnostic (IVD) tests nearly since the beginning of its premarket regulation of devices.  The first OTC IVD cleared by FDA was a qualitative dipstick urine glucose test in 1977, followed shortly thereafter by the first OTC pregnancy …

    • Minor Updates to FDA Pre-Submission Guidance With More to ComeJune 21st, 2023

      On June 2, 2023, FDA issued the latest version of its guidance on Requests for Feedback and Meetings for Medical Device Submissions: The Q-Submission Program. The document provides minor updates on procedures, incorporating recent developments and experiences in how FDA interacts with industry.  For example, …

    • FDA’s Summer Plans May Include LDT RulemakingJune 20th, 2023

      The long-running saga of FDA regulation of laboratory-developed tests (LDTs) has taken yet another new turn.  In the most recent Unified Agenda, which is a list of planned regulatory actions published semi-annually by the Office of Management and Budget (OMB), FDA announced its intent to …

    • CCP Improvements Allow Industry to Track Pre-submissionsJune 5th, 2023

      FDA recently released further updates to the Customer Collaboration Portal (“CCP”).  Readers of the blog will know that I am a HUGE fan of the CCP (see our earlier posts here and here).  It has made filing of all premarket submissions much easier by facilitating …

    • FDA Publishes Final Rule to Amend and Reduce Regulatory Burden on Outdated and Duplicative Requirements as They Pertain to Radiological Health RegulationsFebruary 16th, 2023

      Sections of the radiological health regulations have been updated with the goal of lessening regulatory burdens. The regulations contain many requirements that are over 30 years old. These regulations apply to radiation emitting products, including not just medical devices but all other radiation emitting products …

    • FDA Publishes Draft Guidance on Voluntary Malfunction Summary Reporting Program for Medical DevicesDecember 18th, 2022

      On December 9, 2022, FDA issued a draft guidance document on the Voluntary Malfunction Summary Reporting (VMSR) Program for medical devices. Generally, FDA’s MDR regulations require device manufacturers to submit Medical Device Reports (MDRs) for individual reportable malfunctions within 30 calendar days of the manufacturer becoming …

    • Sponsors May Now Request Access to the CCP for Filing of Device Premarket Submissions ElectronicallyOctober 6th, 2022

      It is with great excitement that we share CDRH’s announcement that now anyone may submit premarket submissions directly to the Center through the Customer Collaboration Portal (CCP).  We heard from a number of readers after our prior post (here) asking how they could get access …

    • A Review of CDRH’s Electronic Submission ProcessSeptember 14th, 2022

      As promised in our posts from earlier this summer (here and here), we are back to report on our assessment of CDRH’s electronic submission process through its Customer Collaboration Portal (CCP).  In short, the process is FANTASTIC!  Say goodbye to your thumb drives and CDs …

    • It’s My Party and I’ll Cry if I Want to: A Bittersweet Happy 30th Birthday to LDTsAugust 3rd, 2022

      Happy Birthday Laboratory Developed Tests (LDTs). Thirty years ago today, FDA announced that it had the authority to regulate you.  Not yet understanding how important you’d become, you entered the regulatory world without a name – the Agency simply referred to you as “home brew” products.  …

    • CDRH is NOW Accepting Electronic SubmissionsJuly 31st, 2022

      On July 19, 2022, CDRH announced to users of its Customer Collaborations Portal (CCP) that it is now accepting premarket submissions electronically.  This came quickly after an announcement was made earlier in the summer that this functionality would soon be enabled for existing users of …

    • Electronic 510(k) Submissions Ahead (FINALLY!)July 12th, 2022

      Last month, FDA announced two important steps towards accepting electronic 510(k) submissions.  The first relates to the Customer Collaborations Portal (or CCP).  As discussed in our prior post on the CCP (here), the CCP is currently a submission tracker providing details of completed and upcoming …

    • Pre-Submission Program Update from CDRH: A Bit of Welcome NewsJune 8th, 2022

      CDRH appears to be taking another step towards returning to pre-pandemic life.  On May 31, Drs. Shuren and Maisel announced that OHT7 (formerly OIR) will now be accepting all types of pre-submissions (see announcement here).  As you’ll recall from our earlier post (here), OHT7 had …