The FDA conducts inspections of various establishments, such as manufacturers and clinical studies, to identify potential violations of regulatory requirements. During these inspections, FDA investigators take note of any observed issues. These observations are subsequently documented in what is known as an FDA 483, which essentially lists the areas that require attention and improvement. Reviewing the content of the FDA 483 may understandably cause some concern about the necessary actions.
The FDA expects organizations to provide a detailed plan for addressing these apparent regulatory violations, along with a timeline for completing the necessary corrections. Your written response to the FDA should be carefully considered because the FDA will hold you accountable for the commitments you make. If the FDA finds your response and corrective actions satisfactory, it can resolve the immediate problem.
However, if the FDA deems your response and corrective actions as "inadequate," they will issue a Warning Letter. This letter will outline the specific regulatory violations and may include a threat of legal action if you do not achieve compliance. It's crucial to respond to the Warning Letter promptly and comprehensively. Failure to do so may lead to legal proceedings in federal district court. It is generally more straightforward and cost-effective to achieve voluntary compliance rather than engage in a protracted legal battle.
Casper (Cap) Uldriks, through his firm “Encore Insight LLC,” brings over 32 years of experience from the FDA. He conducted domestic and foreign inspections. He specialized in the FDA’s food and medical device programs as a field investigator, served as a senior manager in the Office of Compliance at the Center for Devices and Radiological Health (CDRH) and as the Associate Center Director for Regulatory Guidance and Government Operations at CDRH. He developed enforcement actions for FDA and participated in the implementation of new statutory requirements, such as for FDA’s import/export program and medical device program. He also served as a public health specialist in 1993 for the House of Representatives Subcommittee on Small Business. He is recognized as an exceptional and energetic speaker. His comments are candid, straightforward and of practical value. He is licensed to practice law in the District of Columbia and the Commonwealth of Massachusetts.