Regulatory Considerations for Microneedling Products; Guidance for Industry and Food and Drug Administration Staff; Availability, 71656-71658 [2020-24943]
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
for individuals under current clinical
care on a regularly scheduled basis (e.g.,
individuals with multiple chronic
conditions), additional clinical trial
study visits may be psychologically,
physically, and financially burdensome
and a disincentive for enrollment. This
guidance provides recommendations on
how sponsors can improve the diversity
of enrolled participants by accounting
for logistical and other participantrelated factors that could limit
participation in clinical trials.
Clinical trials of investigational drugs
intended to treat rare diseases or
conditions present a unique set of
challenges. Because of the limited
numbers of patients, maximum
participation in clinical trials is
essential for successful trial completion
and interpretation. Rare diseases often
affect small, geographically dispersed
patient populations with disease-related
travel limitations, so special efforts may
be necessary to enroll and retain these
participants to ensure that a broad
spectrum of the patient population is
represented. This guidance provides
recommendations on broadening
clinical trial eligibility criteria for
clinical trials of investigational drugs
intended to treat rare diseases and
recommendations on improving the
enrollment and retention of participants
with rare diseases.
This guidance finalizes the draft
guidance of the same title issued on
June 7, 2019 (84 FR 26687). FDA
considered comments received on the
draft guidance as the guidance was
finalized. Changes to the guidance
include additional recommendations on
broadening eligibility criteria, such as
the use of real-world data to find trial
participants and the use of mobile
medical professionals to visit
participants at their locations instead of
requiring participants to visit distant
clinical trial sites. FDA added
information on the inclusion of racial
and ethnic minorities, with
recommendations included from FDA’s
draft guidance entitled ‘‘Collection of
Race and Ethnicity Data in Clinical
Trials.’’ FDA also added
recommendations on fostering
community engagement and making
recruitment events more accessible as
well as information on how to reach
participants with little or no internet
access. In addition, editorial changes
were made to improve clarity.
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on ‘‘Enhancing the
Diversity of Clinical Trial Populations—
Eligibility Criteria, Enrollment Practices,
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
and Trial Designs.’’ It does not establish
any rights for any person and is not
binding on FDA or the public. You can
use an alternative approach if it satisfies
the requirements of the applicable
statutes and regulations.
II. Paperwork Reduction Act of 1995
While this guidance contains no
collection of information, it does refer to
previously approved FDA collections of
information. Therefore, clearance by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501–
3521) is not required for this guidance.
The previously approved collections of
information are subject to review by
OMB under the PRA. The collections of
information in 21 CFR part 312 have
been approved under OMB control
number 0910–0014.
III. Electronic Access
Persons with access to the internet
may obtain the guidance at https://
www.fda.gov/drugs/guidancecompliance-regulatory-information/
guidances-drugs, https://www.fda.gov/
vaccines-blood-biologics/guidancecompliance-regulatory-informationbiologics/biologics-guidances, or https://
www.regulations.gov.
Dated: November 4, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for
Policy.
[FR Doc. 2020–24881 Filed 11–9–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–D–4792]
Regulatory Considerations for
Microneedling Products; Guidance for
Industry and Food and Drug
Administration Staff; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a final
guidance entitled ‘‘Regulatory
Considerations for Microneedling
Products.’’ This guidance is being
issued to assist industry in
understanding when a microneedling
product is a device as defined in the
Federal Food, Drug, and Cosmetic Act
(FD&C Act). This document also
provides information on the regulatory
SUMMARY:
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
pathway to market for microneedling
devices for aesthetic use.
DATES: The announcement of the
guidance is published in the Federal
Register on November 10, 2020.
ADDRESSES: You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–D–4792 for ‘‘Regulatory
Considerations for Microneedling
Products.’’ Received comments will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
E:\FR\FM\10NON1.SGM
10NON1
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
You may submit comments on any
guidance at any time (see 21 CFR
10.115(g)(5)).
An electronic copy of the guidance
document is available for download
from the internet. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
guidance. Submit written requests for a
single hard copy of the guidance
document entitled ‘‘Regulatory
Considerations for Microneedling
Products’’ to the Office of the Center
Director, Guidance and Policy
Development, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5431, Silver Spring,
MD 20993–0002. Send one selfaddressed adhesive label to assist that
office in processing your request.
FOR FURTHER INFORMATION CONTACT:
Kimberly Ferlin, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4522, Silver Spring,
MD 20993–0002, 240–402–1834.
SUPPLEMENTARY INFORMATION:
I. Background
‘‘Microneedling products’’ is a generic
term that encompasses instruments with
common technological features that
include an array of needles, ‘‘microprotrusion’’ tips, or pins, which can be
blunt or sharp, and of varying lengths.
This document discusses when a
microneedling product is a device as
defined under section 201(h) of the
FD&C Act (21 U.S.C. 321(h)), and is,
therefore, subject to the device
requirements under the FD&C Act and
its implementing regulations.1 This
guidance also provides clarity on the
regulatory pathway to market for
microneedling devices for aesthetic use,
resulting in more transparency and
predictability to firms and stakeholders,
which may translate into more efficient
device development and patient access
to such devices. The scope of this
guidance document does not include
microneedling combination products,
acupuncture needles, hypodermic
needles or other needles for injection,
tattoo machine needles, needle probes
that emit any type of energy (e.g., radiofrequency needles) or deliver any type
of energy to a patient (e.g., LASER,
ultrasound), or dermabrasion devices.
FDA considered comments received on
the draft guidance that appeared in the
Federal Register of September 15, 2017
(82 FR 43383). FDA revised the
guidance as appropriate in response to
the comments. Further, the guidance
was revised to account for a De Novo
request that was granted since issuance
of the draft, which classified
microneedling devices for aesthetic use
into class II subject to premarket
notification requirements under section
510(k) of the FD&C Act ((21 U.S.C.
360(k)) and special controls. The
classification is codified at 21 CFR
878.4430.
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on ‘‘Regulatory
Considerations for Microneedling
Products.’’ It does not establish any
rights for any person and is not binding
on FDA or the public. You can use an
alternative approach if it satisfies the
requirements of the applicable statutes
and regulations.
II. Electronic Access
Persons interested in obtaining a copy
of the guidance may do so by
downloading an electronic copy from
the internet. A search capability for all
Center for Devices and Radiological
Health guidance documents is available
at https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/
GuidanceDocuments/default.htm. This
guidance document is also available at
https://www.regulations.gov and at
https://www.fda.gov/regulatoryinformation/search-fda-guidancedocuments. Persons unable to download
an electronic copy of ‘‘Regulatory
Considerations for Microneedling
Products’’ may send an email request to
CDRH-Guidance@fda.hhs.gov to receive
an electronic copy of the document.
Please use the document number
1500036 to identify the guidance you
are requesting.
III. Paperwork Reduction Act of 1995
While this guidance contains no
collection of information, it does refer to
previously approved FDA collections of
information. Therefore, clearance by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501–
3521) is not required for this guidance.
The previously approved collections of
information are subject to review by
OMB under the PRA. The collections of
information in the following FDA
regulations and guidance have been
approved by OMB as listed in the
following table:
21 CFR part; guidance; or FDA form
Topic
807, subpart E ..............................................................................................................
Premarket notification ...............................
1 On September 23, 2020, FDA published a
proposed rule to amend its intended use regulations
for medical products (21 CFR 201.128 and 801.4)
to better reflect the Agency’s current practices in
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
evaluating whether a product is intended for use as
a drug or device. As described in the proposed rule,
FDA’s longstanding position is that, in evaluating
a product’s intended use, any relevant source of
PO 00000
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Fmt 4703
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OMB control
No.
0910–0120
evidence may be considered, including a variety of
direct and circumstantial evidence. 85 FR 59718,
59721 (Sept. 23, 2020).
E:\FR\FM\10NON1.SGM
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Notices
Topic
‘‘De Novo Classification Process (Evaluation of Automatic Class III Designation)’’ ...
‘‘Requests for Feedback on Medical Device Submissions: The Pre-Submission Program and Meetings with Food and Drug Administration Staff’’.
800, 801, and 809 ........................................................................................................
De Novo classification process ................
Q-submissions ..........................................
0910–0844
0910–0756
Medical Device Labeling Regulations ......
0910–0485
Dated: November 5, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for
Policy.
[FR Doc. 2020–24943 Filed 11–9–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–D–5913]
Assessing User Fees Under the
Prescription Drug User Fee
Amendments of 2017; Revised
Guidance for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or we) is
announcing the availability of a revised
final guidance for industry entitled
‘‘Assessing User Fees Under the
Prescription Drug User Fee
Amendments of 2017,’’ which
supersedes the now withdrawn final
guidance issued in May 2018 (May 2018
guidance). This revised final guidance
concerns FDA’s implementation of the
Prescription Drug User Fee
Amendments of 2017. In particular, this
revised final guidance removes section
VI.B. contained in the May 2018
guidance, regarding the ‘‘same product
as another product’’ prescription drug
program fee exception for certain
prescription drug products under the
Federal Food, Drug, and Cosmetic Act.
DATES: The announcement of the
guidance is published in the Federal
Register on November 10, 2020.
ADDRESSES: You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
OMB control
No.
21 CFR part; guidance; or FDA form
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
VerDate Sep<11>2014
17:21 Nov 09, 2020
Jkt 253001
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–D–5913 for ‘‘Assessing User Fees
Under the Prescription Drug User Fee
Amendments of 2017; Guidance for
Industry.’’ Received comments will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
You may submit comments on any
guidance at any time (see 21 CFR
10.115(g)(5)).
Submit written requests for single
copies of the revised guidance to the
Division of Drug Information, Center for
Drug Evaluation and Research, Food
and Drug Administration, 10001 New
Hampshire Ave., Hillandale Building,
4th Floor, Silver Spring, MD 20993–
0002; or to the Office of
Communication, Outreach and
Development, Center for Biologics
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128,
Silver Spring, MD 20993–0002. Send
two self-addressed adhesive labels to
assist that office in processing your
requests. See the SUPPLEMENTARY
INFORMATION section for electronic
access to the guidance document.
E:\FR\FM\10NON1.SGM
10NON1
Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71656-71658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24943]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2017-D-4792]
Regulatory Considerations for Microneedling Products; Guidance
for Industry and Food and Drug Administration Staff; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Regulatory
Considerations for Microneedling Products.'' This guidance is being
issued to assist industry in understanding when a microneedling product
is a device as defined in the Federal Food, Drug, and Cosmetic Act
(FD&C Act). This document also provides information on the regulatory
pathway to market for microneedling devices for aesthetic use.
DATES: The announcement of the guidance is published in the Federal
Register on November 10, 2020.
ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2017-D-4792 for ``Regulatory Considerations for Microneedling
Products.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
[[Page 71657]]
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, 240-402-7500.
You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Regulatory Considerations for Microneedling Products'' to the Office
of the Center Director, Guidance and Policy Development, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request.
FOR FURTHER INFORMATION CONTACT: Kimberly Ferlin, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 4522, Silver Spring, MD 20993-0002, 240-
402-1834.
SUPPLEMENTARY INFORMATION:
I. Background
``Microneedling products'' is a generic term that encompasses
instruments with common technological features that include an array of
needles, ``micro-protrusion'' tips, or pins, which can be blunt or
sharp, and of varying lengths. This document discusses when a
microneedling product is a device as defined under section 201(h) of
the FD&C Act (21 U.S.C. 321(h)), and is, therefore, subject to the
device requirements under the FD&C Act and its implementing
regulations.\1\ This guidance also provides clarity on the regulatory
pathway to market for microneedling devices for aesthetic use,
resulting in more transparency and predictability to firms and
stakeholders, which may translate into more efficient device
development and patient access to such devices. The scope of this
guidance document does not include microneedling combination products,
acupuncture needles, hypodermic needles or other needles for injection,
tattoo machine needles, needle probes that emit any type of energy
(e.g., radio-frequency needles) or deliver any type of energy to a
patient (e.g., LASER, ultrasound), or dermabrasion devices. FDA
considered comments received on the draft guidance that appeared in the
Federal Register of September 15, 2017 (82 FR 43383). FDA revised the
guidance as appropriate in response to the comments. Further, the
guidance was revised to account for a De Novo request that was granted
since issuance of the draft, which classified microneedling devices for
aesthetic use into class II subject to premarket notification
requirements under section 510(k) of the FD&C Act ((21 U.S.C. 360(k))
and special controls. The classification is codified at 21 CFR
878.4430.
---------------------------------------------------------------------------
\1\ On September 23, 2020, FDA published a proposed rule to
amend its intended use regulations for medical products (21 CFR
201.128 and 801.4) to better reflect the Agency's current practices
in evaluating whether a product is intended for use as a drug or
device. As described in the proposed rule, FDA's longstanding
position is that, in evaluating a product's intended use, any
relevant source of evidence may be considered, including a variety
of direct and circumstantial evidence. 85 FR 59718, 59721 (Sept. 23,
2020).
---------------------------------------------------------------------------
This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Regulatory Considerations for
Microneedling Products.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.
II. Electronic Access
Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov and
at https://www.fda.gov/regulatory-information/search-fda-guidance-documents. Persons unable to download an electronic copy of
``Regulatory Considerations for Microneedling Products'' may send an
email request to [email protected] to receive an electronic
copy of the document. Please use the document number 1500036 to
identify the guidance you are requesting.
III. Paperwork Reduction Act of 1995
While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in the following FDA regulations and guidance have been
approved by OMB as listed in the following table:
------------------------------------------------------------------------
OMB control
21 CFR part; guidance; or FDA form Topic No.
------------------------------------------------------------------------
807, subpart E.................... Premarket 0910-0120
notification.
[[Page 71658]]
``De Novo Classification Process De Novo 0910-0844
(Evaluation of Automatic Class classification
III Designation)''. process.
``Requests for Feedback on Medical Q-submissions....... 0910-0756
Device Submissions: The Pre-
Submission Program and Meetings
with Food and Drug Administration
Staff''.
800, 801, and 809................. Medical Device 0910-0485
Labeling
Regulations.
------------------------------------------------------------------------
Dated: November 5, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-24943 Filed 11-9-20; 8:45 am]
BILLING CODE 4164-01-P