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The Road to US FDA Compliance: Managing US Agent for Medical Devices

Updated: Oct 15, 2023

To successfully navigate the regulatory requirements of the US FDA and establish a presence in the US market, foreign manufacturers are obligated to designate a "U.S. Agent". The management of US Agent encompasses the process of selecting, appointing, supervising and coordinating the activities of this designated representative, who acts on behalf of the foreign company in the US market. This crucial figure serves as the essential link that connects foreign manufacturers with the US FDA ensuring compliance with the necessary standards.

The Road to US FDA Compliance: Managing US Agent for Medical Devices

By providing invaluable insights about the US market, building key relationships, and expertly guiding through the intricacies of regulations, the US Agent plays a vital role in facilitating market entry. Effective management of your US Agent is not just a recommendation; it is imperative for foreign manufacturers aiming to establish a strong presence in the United States.

Getting Your US Agent on Board

When embarking on the journey of bringing your medical devices to the US market, one crucial step is getting your US Agent on board. This process involves identifying a qualified individual or entity, verifying their credentials, formalizing an agreement, and electronically submitting their information to the US FDA, ensuring you meet the regulatory requirements for establishing a foothold in the American market.

  • US Agent Selection: Foreign manufacturers exporting devices to the US must designate a US agent, who must be either a US resident or have a US business presence. Start

  • by compiling a list of potential US Agents and collecting all the necessary information.

  • Credentials Verification: Validate the qualifications of the chosen individual and confirm that they fulfill all the requirements specified in the US agent checklist.

  • Formal Agreement: Establish a formal agreement with your US agent, clearly defining roles and responsibilities, as well as the fee structure.

  • Electronic Submission: After finalizing the formal agreement with the US Agent, foreign manufacturers must proceed to register their US agent

  • with the US FDA. The details of the US agent for a foreign establishment must be electronically submitted through the FDA Unified Registration and Listing System (FURLS) as part of the Establishment Registration process.

Key Considerations for Evaluating and Verifying Your US Agent

Foreign manufacturers and exporters should meticulously assess the qualifications of their chosen US FDA Agent before designating them as representatives for the US market. To ensure a smooth partnership, manufacturers must confirm that their US Agent:

  • Resides in the United States and possesses expertise in US FDA regulations for Drugs, Foods, Medical Devices, and Cosmetics.

  • Operates from a dedicated, non-residential workspace, focusing on regulatory compliance and staying current with FDA regulations.

  • Maintains neutrality, free from affiliations with US importers or dealers.

  • Is registered in the US with an active DUNS number, has a physical premises as a contact address, and is willing to formalize a contract to fulfill US Agent responsibilities effectively.

Components to Include in Your US Agent's Formal Contract

Formal contracts with US Agents can span one year or multiple years, with potential renewals based on performance. While the FDA rarely requests a copy, having a contract is prudent due to the legal responsibilities the agent holds. Key elements to encompass in the contract include:

  • Responsibility for FDA User Fee payment.

  • Scope of services provided.

  • Commitment to provide prompt US Agent services.

  • Service duration, specifying start and end dates.

  • Provisions for contract termination.

  • Additional consulting fees if the FDA contacts the agent.

  • Commitment to report complaints, particularly those related to public health risks, injuries, or fatalities, directly to the company.

  • Inclusion of a confidehntiality clause or reference to a separate confidentiality agreement.

  • Prohibition against soliciting customers, suppliers, and employees.

  • Force Majeure provision.

  • Identification details for the agent and the company.

  • Designation of the 'Official Correspondent' in the FDA Registration Database.

  • Signature and date.

The FDA's Role in US Agent Registration

The FDA's validation process for US Agent registration is minimal, involving an automated email confirmation upon registration submission. This email, titled 'ACTION REQUIRED: U.S. Agent Assignment Notification,' is sent from Designating this email as a 'safe sender' is important to prevent it from being marked as spam. Medical devices do not require additional proof submission to the FDA by the US Agent.

After completing the initial or renewal FDA establishment registration, the FDA US Agent will receive an automated email within seconds. This email grants the agent ten (10) days to confirm their willingness and capacity to serve as the company's US Agent by logging into their FURLS account. Failure to confirm the role within this timeframe results in the automatic cancellation of the Receipt Code and the removal of the U.S. Agent information linked to the foreign establishment. The FDA will then notify the company, prompting resubmission for the same or a new US Agent in such a scenario.

The FDA's Role in US Agent Registration

Effectively managing your US Agent is an essential step for foreign manufacturers seeking to establish a strong presence in the American market and navigate the complex regulatory landscape of the US FDA. From selecting a qualified US Agent to formalizing a comprehensive contract, attention to detail is key to ensuring a seamless partnership. By following the steps outlined in this guide, you can optimize your US Agent management strategy and set the stage for a successful market entry.

Ready to ensure your US Agent is a valuable asset in your US market endeavors? Contact us today to discover how our regulatory expertise can streamline the process and provide peace of mind as you expand your presence in the United States. Whether you're a new entrant or looking to enhance your existing strategy, we're here to help you navigate the intricate world of US FDA regulations and compliance. Get in touch now to take the first step towards a successful journey in US market.


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