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What is Premarket Review? A Comprehensive Legal Overview
Definition & Meaning
Premarket review refers to the process of evaluating data and information submitted in applications for various medical products before they can be marketed. This includes a thorough examination of submissions for new drugs, medical devices, and biologics to ensure they meet safety and effectiveness standards as defined by U.S. law.
Table of content
Legal Use & context
Premarket review is primarily used in the fields of healthcare and pharmaceuticals. It is a critical step in the approval process for:
New Drug Applications (NDA)
Premarket Approval Applications (PMA)
Investigational Device Exemptions (IDE)
510(k) submissions for medical devices
Users can manage some aspects of this process by utilizing legal templates available through platforms like US Legal Forms, which provide guidance on preparing necessary documentation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A pharmaceutical company submits an NDA to the FDA for a new medication intended to treat high blood pressure. The FDA conducts a premarket review to assess the drug's safety and efficacy before granting approval.
Example 2: A manufacturer files a 510(k) application for a new medical device that claims to be substantially equivalent to an already approved device. The FDA reviews the submission to ensure it meets regulatory standards. (hypothetical example)
Relevant laws & statutes
The primary statutes governing premarket review include:
21 U.S. Code § 355 - New Drug Applications
21 U.S. Code § 360 - Medical Device Amendments
Public Health Service Act, Section 351 - Biologics License Applications
Comparison with related terms
Term
Definition
Key Differences
Premarket Approval (PMA)
A rigorous process for high-risk medical devices.
PMA requires more extensive data than 510(k) submissions.
510(k) Submission
A process for demonstrating that a device is safe and effective based on equivalence to a legally marketed device.
Less stringent than PMA; typically for lower-risk devices.
Common misunderstandings
What to do if this term applies to you
If you are involved in the development of a medical product, ensure you understand the premarket review process. Here are steps to consider:
Gather all necessary data on the product's safety and effectiveness.
Consult the FDA guidelines relevant to your product type.
Consider using US Legal Forms to access templates for preparing your submission.
If the process seems complex, seek advice from a legal professional specializing in FDA regulations.
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