Biomet, Inc. – FDA Warning Letter

The FDA issued a Warning Letter to Biomet, Inc. after reviewing their website, identifying that the firm is marketing its Signature? Personalized Patient Care system in the U.S. without required marketing clearance or approval. This constitutes a violation of the Federal Food, Drug, and Cosmetic Act. Specifically, the device is deemed adulterated under section 501(f)(1)(B) of the Act (21 U.S.C. 351(f)(1)(B)) because Biomet lacks an approved premarket approval (PMA) application under section 515(a) or an investigational device exemption (IDE) under section 520(g). Furthermore, the device is misbranded under section 502(o) of the Act (21 U.S.C. 352(o)) due to the firm's failure to notify the agency of its intent to commercially distribute the device, as mandated by section 510(k). The FDA requires Biomet, Inc. to take prompt action to correct these violations. The company must respond in writing within fifteen working days, detailing specific corrective steps, a prevention plan, and supporting documentation. Failure to comply may lead to regulatory actions such as seizure, injunction, or civil money penalties. The letter emphasizes the firm's responsibility to ensure overall compliance with all applicable FDA laws and regulations.