What general FDA compliance steps must a [company removed] take to sell a medical device in the US?
Lawyer Answers
Bourgg International Law Firm
Florin Vasilescu Cabinet de Avocat
Access to the US market is provided by the precise classification of products under the jurisdiction of the FDA (food, supplement, cosmetic, medical device, drug). Pre-market review is applied to certain categories (e.g. medical devices – 510(k)/PMA, drugs), while for others there is no pre-market approval, but strict safety and compliance requirements remain applicable.
The company must ensure:
FDA-compliant labeling (correct, complete, in English, without prohibited claims);
safety and compliance documentation (including technical files, tests, quality procedures, as applicable);
FDA registration of the facility and, where necessary, designation of a U.S. Agent.
Import customs clearance is carried out through a US importer/distributor and a customs broker, with an FDA–Customs and Border Protection interface, and post-market compliance obligations (monitoring, adverse event reporting, recall) fall to the importer and the manufacturer, depending on the product category.
For a foreign company, local representation in the US (FDA lawyer/consultant) is strongly recommended, both for managing the relationship with the FDA and for inspections, warning letters or law enforcement actions, which may occur without prior notice.
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