Olympus Medical Systems Corporation

WARNING LETTER Olympus Medical Systems Corporation MARCS-CMS 546986 — March 09, 2018 More Warning Letters Warning Letters About Warning and Close-Out Letters Recipient: Recipient Name Nacho Abia Olympus Medical Systems Corporation 3500 Corporate Parkway Center Valley , PA 18034 United States Issuing Office: Center for Devices and Radiological Health United States 10903 New Hampshire Avenue Silver Spring, MD 20993 WARNING LETTER VIA UNITED PARCEL SERVICE March 9, 2018 Nacho Abia President & CEO Olympus Corporation of the Americas 3500 Corporate Parkway Center Valley, Pennsylvania 18034 Dear Mr. Abia: The United States Food and Drug Administration (FDA) is issuing this Warning Letter to inform you of Olympus Corporation of the Americas’s failure to comply with requirements under section 522 of the Federal Food, Drug and Cosmetic Act (the Act) (21 U.S.C. § 360l), and Title 21 of the Code of Federal Regulations (CFR) Part 822. On October 5, 2015, FDA ordered your firm to conduct postmarket surveillance on the following devices: duodenoscope models JF-140F, PJF-160, TJF-160F, TJF-160VF, and TJF-Q180V. FDA issued a postmarket surveillance order (PS150003) (“522 Order”) because failure of these devices would be reasonably likely to cause infection and possibly death in patients undergoing endoscopic retrograde cholangiopancreatography procedures, which would meet the definition of “serious adverse health consequences” at 21 C.F.R. § 822.3(k). Specifically, your firm was ordered to conduct postmarket surveillance to address three questions regarding how duodenoscopes are reprocessed in real-world settings, as follows: 1. Are the user materials that are included in your firm’s duodenoscope labeling and instructions for use sufficient to ensure user adherence to your firm’s reprocessing instructions? (Note: User materials include user manuals, brochures, and quick reference guides from the manufacturer that are provided to the reprocessing staff) (Human Factor Study) 2. After use of your firm’s labeled reprocessing instructions, what percentage of clinically used duodenoscopes remain contaminated with viable microorganisms? (Sampling and Culturing Study) 3. For devices that remain contaminated after use of your firm’s labeled reprocessing instructions, what factors contribute to microbial contamination and what steps are necessary to adequately decontaminate the device? (Sampling and Culturing Study) FDA has communicated the data requirement for these studies to your firm separately in advisories included in the decision letters for the interim reports. The 522 Order recommends that your firm conducts the Sampling and Culturing Study in two phases, starting with a pilot phase during which your firm starts data collection and collect culturing samples from clinically used and reprocessed duodenoscopes for continued sample collection in the second phase of the study. The 522 Order states that “FDA expects you [your firm] will commence data collection for Phase 2 within 15 months of the date of the Postmarket Surveillance order.” Section 522 of the Act requires a firm to “commence surveillance . . . not later than 15 months after the day on which the Secretary issues an order under this section.” However, your firm has failed to commence data collection within 15 months after issuance of the 522 Order. A study plan for the Sampling and Culturing Study was approved on November 22, 2016. Per the approved study plan, your firm is required to collect a total of 1,736 samples for the duration of the study. Under the Phase 1 study, your firm was required to enroll four (4) sites and collect 176 samples by April 2017. However, as of February 20, 2018, zero (0) sites have been enrolled, and sampling and culturing has not commenced. On November 28, 2017, FDA held a teleconference meeting with your firm outlining that your firm had not fulfilled the requirements of the 522 Order, the established timeline for enrollment of sites and collection of samples, and that your firm’s study status would be changed to “Noncompliant.” FDA issued decision letters to your firm on February 6, 2017, April 20, 2017, June 16, 2017, August 31, 2017, November 17, 2017, and January 16, 2018 with advisories stating that your firm was not meeting the milestones per the agreed study plan and timeline. A study plan for the Human Factors Study was approved on September 1, 2017. Per the approved study timeline, the study was expected to be initiated in October 2017, with five (5) test participants enrolled per month and data collection to be completed by April 2018. As of the interim report dated December 30, 2017, your firm has zero (0) participants enrolled and human factors testing has not commenced. A decision letter was sent to your firm on February 22, 2018 with an advisory stating that your firm was not meeting the milestones per the agreed plan and timeline. Failure of a manufacturer to comply with requirements under section 522 of the Act, which includes requirements specified under 21 CFR Part 822, is a prohibited act under section 301(q)(1)(C) of the Act, 21 U.S.C. § 331(q)(1)(C). Further, failure to comply with a requirement under section 522 of the Act renders a device misbranded under section 502(t)(3) of the Act (21 U.S.C. § 352(t)(3)). Your firm has committed a prohibited act under section 301(q)(1)(C) of the Act by failing to comply with requirements under section 522 of the Act, and your devices (duodenoscope models JF-140F, PJF-160, TJF-160F, TJF-160VF, and TJF-Q180V) are currently misbranded under section 502(t)(3) of the Act. Your firm should take prompt action to correct this violation. Failure to promptly correct this violation may result in regulatory action being initiated by the FDA without further notice. These actions include, but are not limited to, seizure, injunction, and/or civil money penalties. Please note that Federal agencies are advised of the issuance of all Warning Letters about devices so that they may take this information into account when considering the award of contracts. Within fifteen (15) calendar days from the date you receive this letter, please submit a plan that outlines how the milestones below will be achieved: Sampling and Culturing Study Process 50% of all samples by August 31, 2018 Process 100% of all samples by December 31, 2018 Human Factors Study Complete 50% of human factors testing (30 participants per scope model) by May 31, 2018 Complete 100% of human factors testing (30 participants per scope model) by June 30, 2018 Your firm should notify this office in writing of the specific steps your firm has taken to correct the noted violations. Include documentation of the corrective actions your firm has taken. If your firm’s planned corrections will occur over time, please include a timetable for implementation of those corrections. If corrective actions cannot be completed within fifteen (15) calendar days, state the reason for the delay and the time within which the corrections will be completed. Your firm’s response to this letter should be sent to: 522 Postmarket Surveillance Studies Program Food and Drug Administration Center for Devices and Radiological Health 10903 New Hampshire Avenue Building 66, Room 2252 Silver Spring, Maryland 20993-0002 If you have any questions about the content of this letter, please contact: Attention: LCDR Cesar Perez Chief, Surveillance and Enforcement Branch I Food and Drug Administration Center for Devices and Radiological Health Office of Compliance Division of Premarket and Labeling Compliance 10903 New Hampshire Avenue Building 66, Room 3626 Silver Spring, Maryland 20993-0002 Finally, you should understand that there are many FDA requirements pertaining to the manufacture and marketing of devices. This letter pertains only to the issue of postmarket surveillance requirements for the devices subject to the 522 Order dated October 5, 2015 and does not necessarily address other obligations your firm has under the law. Sincerely, /S/ William H. Maisel, MD, MPH Acting Director Office of Compliance Center for Devices and Radiological Health Cc: Laura Storms Vice President, Regulatory Affairs & Quality Assurance Olympus Corporation of the Americas 3500 Corporate Parkway Center Valley, Pennsylvania 18034 Kota Nozue Postmarket Surveillance Project Leader 3500 Corporate Parkway P.O. Box 610 Center Valley, Pennsylvania 18034 Akihiro Okubo, President Olympus Medical Systems Corporation 2951 Ishikawa-cho, Hachioji-shi Tokyo 192-8507, Japan Content current as of: 03/09/2018