Lexology January 3, 2022
New Rules Likely to Impact PPE, Diagnostic Tests, Ventilators and Other Devices
Highlights
- The U.S. Food and Drug Administration (FDA) has announced a plan to provide medical device manufacturers 180 days to secure marketing authorization or clearance for medical devices that have been marketed under special rules during the COVID-19 pandemic.
- The FDA’s draft guidances address transitioning such devices brought to market during the public health emergency (PHE) caused by COVID-19 once the PHE is over. During the PHE, FDA has used two vehicles – enforcement policies and Emergency Use Authorizations (EUAs) – to allow certain otherwise unapproved or unauthorized devices to be lawfully marketed.
- The newly released guidances will likely apply to personal protective equipment (masks, face shields,...