FDA announced some approved products are expected to transition from drug status to device status as a result of the U.S. Court of Appeals for the District of Columbia Circuit decision in Genus Medical Technologies v. FDA.

FDA intends to regulate products that meet the definitions of both devices and drugs as devices, including products the agency may have previously classified differently except where the statute indicates Congress intended a different classification.

FDA intends to publish a Federal Register notice with a list of approved drugs we tentatively determine should transition to device status as a result of this court decision. Stakeholders will have an opportunity to comment on those individual product determinations before the agency makes its final decisions on the classifications.

Sponsors of new drug applications or abbreviated new drug applications should pay the FY 2022 user fees by the due date to avoid being placed on the arrears list and incurring other penalties. Sponsors may request refunds for those fees, and FDA anticipates refunding user fees for those products that transition from drug status to device status. See the announcement for more information.

The comment period concerning the transition process and timeline closed November 30, 2021, however stakeholders may submit comments at any time.

No action is needed on marketed products until FDA notifies product sponsors. The agency will update this page as more information becomes available. Contact [email protected] with questions. 

Please contact [email protected] with questions about other product classification or assignment issues unrelated to this notice.