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FDA · Basic · 12 min lesson

Choosing the pathway - premarket notification, substantial equivalence, predicates and the alternatives

FD&C Act sections 510(k), 513(f)(2), 513(i) and 515; 21 CFR 807.81 and 807.100; Traditional, Special and Abbreviated 510(k); De Novo; PMA; MDUFA fees

What you will learn

Key takeaways

Free practice question

Norvik's pump is cleared nowhere. Its nearest competitor is cleared for irrigating superficial wounds only. Norvik will claim irrigation of deep surgical cavities and plans a Traditional 510(k) citing that competitor.

What does the substantial equivalence test say about this plan?

It passes, because both devices irrigate fluid.

Not quite. Sharing a function is not enough; 21 CFR 807.100(b) compares the intended use as claimed, including the clinical purpose.

The intended use differs, so this predicate fails the first limb and another route must be assessed.

Correct. Section 807.100(b) requires the same intended use; irrigating deep cavities is a different purpose from superficial wounds.

It passes if the labeling copies the predicate's words.

Not quite. Copying words conceals the true purpose, and the truthful and accurate statement in 21 CFR 807.87 would be breached.

It passes because FDA decides intended use after submission.

Not quite. The applicant defines the intended use, and 21 CFR 807.100(b) tests it from the submission, not from later negotiation.

Key terms

Official sources

Go further

The full lesson has narrated slides, more scenario questions with explained answers and a simulation.

Open the AcademyWatch on YouTube

Illustrative example. Educational only, not legal advice.