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FDA Issues Temporary Guidance on New CARES Act Provision Requiring Certain Device Notifications to CDRH

May 14, 2020, Covington Alert

The recently-enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) added new section 506J to the Federal Food, Drug, and Cosmetic Act (FDCA). This section requires manufacturers of certain devices to notify FDA of an interruption or permanent discontinuance in manufacturing during, or in advance of, a declared public health emergency. On May 6, FDA’s Center for Devices and Radiological Health (CDRH) issued a direct-to-final guidance document addressing: (1) who must notify CDRH, (2) devices for which CDRH requires notification, (3) when to notify CDRH, (4) what information to include in the notification, and (5) how to notify CDRH. This guidance is intended to remain in effect only for the duration of the COVID-19 public health emergency.

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