Submission of a premarket notification in accordance with this subpart, and a subsequent determination by the Commissioner that the device intended for introduction into commercial distribution is substantially equivalent to a device in commercial distribution before May 28, 1976, or is substantially equivalent to a device introduced into commercial distribution after May 28, 1976, that has subsequently been reclassified into class I or II, does not in any way denote official approval of the device. Any representation that creates an impression of official approval of a device because of complying with the premarket notification regulations is misleading and constitutes misbranding.
21 CFR Part 807 · Establishment Registration and Device Listing for Manufacturers and Initial Importers of Devices
§ 807.97 Misbranding by reference to premarket notification
Independent copy, not an official legal edition. 21 CFR is a U.S. Government work in the public domain; this text comes from the eCFR and the annual CFR edition, and may lag recent amendments. The authoritative version is on ecfr.gov. Compliome is not affiliated with or endorsed by FDA. Not legal advice.
Warning letters citing § 807.97
5 FDA warning letters since 2017 cite this section :
- Vitang Technology LLC 12 Jun 2023
- Vevazz LLC 26 Dec 2019
- Zona Health Inc. 6 Dec 2019
- Surgisil, LLP 15 Apr 2019
- Nature's Treasures 17 Apr 2017
FDA guidance that cites § 807.97
- OTC Denture Cushions, Pads, Reliners, Repair Kits, and Partially Fabricated Denture Kits - Guidance for Industry and FDA Staff 17 Aug 1998
- Device Labeling Guidance #G91-1 (Blue Book Memo) 7 Mar 1991
Amendment history
Federal Register documents that created or amended this section.
- 42 FR 42526 28 Aug 1977