FDA Clarifies Remanufacturing Definitions for Medical Devices to Address Right-to-Repair Issues

The Food and Drug Administration (FDA) released its final guidance to provide clarity for the medical device industry on the definition of “remanufacturing” for reusable devices needing maintenance or repair. This move addresses a long-standing point of ambiguity in the broader discussion about the right-to-repair. The initial draft of the guidance was released for public comment in 2021, at which time key points of the document were outlined. Much of the final guidance reiterates the draft’s key sections, maintaining a consistent message regarding the FDA’s stance on remanufacturing.

One notable section with language similar to the draft is “Labeling,” which begins on page 20 of the guidance. This section is particularly significant because it addresses the comprehensive scope of labeling requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act). According to the FD&C Act, labeling is not limited to the mere display of written, printed, or graphic matter on the device itself. Instead, it encompasses a broader range of materials, including “all labels and any written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article.”

This expansive definition means that labeling includes anything that is attached to or associated with the medical device, extending beyond the physical labels on the product to any accompanying documentation. This interpretation is crucial because it ensures that all forms of communication about the device are covered under the labeling requirements. Essentially, anything that accompanies a device or “supplements or explains” the product is considered labeling.

FDA Guidance Stresses Detailed Labeling to Prevent Unintentional Remanufacturing of Medical Devices

In practical terms, this means that user manuals, maintenance guides, instructional pamphlets, software updates, and any other informational material that accompanies the device fall under the labeling category. This broad definition is designed to ensure that users have comprehensive information about the device, including how to use it safely, maintain it properly, and address any potential issues that might arise.

The FDA’s final guidance underscores the importance of labeling by stating that devices must include detailed instructions for preventive maintenance and repair. This is critical because it helps ensure that reusable medical devices can be returned to their original performance and safety specifications after maintenance or repair. The guidance highlights that without proper labeling, including detailed maintenance and repair instructions, there is a risk of unintentional remanufacturing. This occurs when entities attempt to repair a device without adequate instructions, potentially altering its original specifications and compromising its safety and efficacy.

Moreover, the FDA encourages original equipment manufacturers (OEMs) to adopt industry best practices by providing comprehensive servicing instructions that facilitate routine maintenance and repair of their reusable devices. The guidance suggests that including such instructions in the labeling can significantly enhance the safety and reliability of medical devices. However, the FDA’s encouragement is not a mandate, which raises questions about the extent to which OEMs will comply voluntarily, especially given the reluctance noted in previous reports like the 2021 FTC Report “Nixing the Fix.”

FDA Guidance on Remanufacturing: Labeling Standards to Enhance Device Safety and Repair

The guidance lists specific elements that should be included in the labeling to support effective maintenance and repair. These elements include a description of the key performance and safety specifications, critical technical or functional specifications, and recommended maintenance activities and schedules. Additionally, the labeling should provide troubleshooting steps, routine testing procedures, and acceptance criteria to confirm that the device remains within its performance and safety specifications. This comprehensive approach ensures that all necessary information is available to users and service providers, reducing the risk of improper repairs and enhancing overall device safety.

Despite these detailed recommendations, the final guidance acknowledges that the lack of mandatory requirements may limit its effectiveness. Some manufacturers may continue to withhold service access information, citing the guidance to argue that independent servicers without adequate information might unintentionally engage in remanufacturing. This potential conflict highlights the ongoing challenges in balancing regulatory oversight with industry practices and the right-to-repair movement.

In conclusion, the “Labeling” section of the FDA’s final guidance on remanufacturing plays a critical role in defining the scope and content of information that must accompany reusable medical devices. By encompassing a wide range of materials and emphasizing the importance of detailed maintenance and repair instructions, the guidance aims to enhance device safety and reliability. However, the discretionary nature of the recommendations and the potential for continued resistance from some manufacturers suggest that achieving widespread compliance and addressing the right-to-repair issue effectively will require ongoing efforts and possibly further regulatory action.

FDA Emphasizes Labeling for Maintenance in Medical Devices to Address Right-to-Repair and Remanufacturing Issues

In the final guidance section on Labeling, the FDA emphasizes the importance of providing information for both preventive maintenance and repair. The guidance states: “[I]t is important that such devices include instructions on how to adequately return a device to its performance and safety specifications established by the OEM.” This language is discretionary rather than mandatory, as seen on page 21: “Consistent with promoting and protecting the public health, FDA encourages OEMs, as an industry best practice, to provide servicing instructions that facilitate routine maintenance and repair of their reusable devices.”

While this listing is useful and aligns with many of the service access requests of independent servicing organizations, it by itself offers few solutions to the right-to-repair issue. Additionally, the final guidance reiterates concerns from the draft guidance about “unintentional remanufacturing,” which can occur when entities lack the necessary instructions to return a device to its original performance and safety specifications. This raises the question of whether some OEMs will continue to withhold adequate service access information and then cite the final guidance to allege that independent servicers are engaging in remanufacturing due to insufficient service access information. This potential for conflict underscores the complex relationship between regulatory guidance and industry practices.

In summary, the FDA’s final guidance on remanufacturing aims to clarify the definition and expectations for maintaining and repairing reusable medical devices. By emphasizing the need for detailed labeling and instructions, the FDA hopes to ensure that devices can be properly maintained and repaired to meet safety and performance standards. However, the discretionary nature of the guidance and the ongoing resistance from some manufacturers to share service information suggest that challenges remain in achieving widespread compliance and addressing the right-to-repair debate effectively. As the industry adapts to these new guidelines, it will be crucial to monitor how OEMs and independent service providers respond and whether the intended goals of the guidance are met in practice.

Resource: Food and Drug Administration, May 09, 2024