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.

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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)

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.

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.

Quick facts

Attribute Details
Typical Fees Varies based on submission type; PMA fees are generally higher.
Jurisdiction Federal, overseen by the FDA.
Possible Penalties Fines, product recalls, or legal action for non-compliance.

Key takeaways

Frequently asked questions

Its purpose is to evaluate the safety and effectiveness of medical products before they can be marketed.