Medical Innovation Exchange

FDA Updates Guidance on Deficiencies in Accordance with Least Burdensome Provisions



The FDA has updated its final guidance: “Developing and Responding to Deficiencies in Accordance with the Least Burdensome Provisions.”

The new guidance, which supersedes “Developing and Responding to Deficiencies in Accordance with the Least Burdensome Provisions” issued in 2017, is intended to help FDA staff develop—and industry respond to—a request for additional information needed to make a decision on a medical device marketing application in accordance with the Least Burdensome Provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The FDA notes that the updates to the 2017 version were made “to clarify what constitutes a statement of the basis for the deficiency” consistent with commitments as outlined in the Medical Device User Fee Amendments of Fiscal Years 2023 Through Fiscal Year 2027 Commitment Letter. In addition, the guidance describes suggested formats for FDA staff to communicate deficiencies, and for industry to use for responses to such requests, in order to make more efficient use of industry and FDA’s time.

The guidance includes examples of well-constructed deficiencies and industry responses to facilitate a more efficient review process. It also details supervisory review, major/minor deficiencies, additional considerations and prioritization of deficiencies in FDA deficiency letters.

Download the updated guidance here.

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