B & A Blogs

Insights on Law, Regulatory Affairs, & Quality Assurance

The team discusses fundamentals and contemporary issues shaping our areas of practice.

August 4, 2025
Flags Raised to Question the Validity of the FDA’s Comments Regarding Transfer of a 510(k) Clearance

M. Jason Brooke calls into question the Agency’s restatement and interpretation of the CFR, surfacing additional questions that industry would like answered.

Public Comments
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April 7, 2025
Our Suggestions for Enhancing the FDA’s Draft Recommendations for Lifecycle Management of AI Functions

M. Jason Brooke recommends finishing touches to the new draft guidance, requesting finer points on the Agency’s expectations for performance testing.

Public Comments
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December 6, 2023
We Ask the FDA to Reconsider its Proposed Best Practices for Selecting a Predicate Device

The FDA wants 510(k) Sponsors to demonstrate that their valid predicate device is best-in-class. M. Jason Brooke explains why this move may be overly burdensome and beyond the Agency’s authority.

Public Comments
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July 3, 2023
Our Comments on FDA’s Draft Guidance for Predetermined Change Control for AI/ML Devices

M. Jason Brooke shares his practical and legal concerns with the new draft guidance affecting AI/ML-enabled device software functions, requesting that the Agency ensures clarity and consistency with U.S. regulations and effective FDA policy.

Public Comments
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June 15, 2023
Dear Community: There's a Final FDA Guidance on Premarket Submissions for SaMD and SiMD

The final version is a significant improvement to the 2005 version.

FDA News
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June 7, 2023
Dear Community: The FDA is Taking Enforcement Action for Noncompliance

This should be a major warning to Medical Device manufacturers, especially SaMD and Digital Therapeutics developers.

Insights
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June 1, 2023
FDA Enforcement Action to Synovo Production, Inc.

The FDA cites failure to obtain a new market authorization and failure to document aspects of the Quality System.

Insights
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May 4, 2023
Dozens of FDA COVID-19-Related Guidances Will Soon No Longer Be in Effect. Are You Ready?

The FDA issued an Enforcement Transition Guidance, describing their plan to transition from certain COVID-19 era enforcement policies back to “normal operations.”

FDA News
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April 4, 2023
Draft FDA Guidance on the Change Control Plan for AI/ML-Enabled Medical Devices

There's a lot of detail to consider in this guidance.

FDA News
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March 31, 2023
FDA Guidance on Cybersecurity in Premarket Submissions

If you haven't integrated cybersecurity into your quality and regulatory activities, it's time.

FDA News
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October 3, 2022
The FDA’s Ever-Evolving and Increasingly Complex Framework for the Regulation of SaMD—Analysis of the Final CDS Software Guidance

The new policy requires a highly subjective, case-by-case analysis. Industry needs to retrategize.

Thought Leadership
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November 8, 2021
Summary and Analysis of the FDA’s Proposed Updates to the Guidance on Premarket Submissions for Software Device Functions

The FDA's draft guidance, Content of Premarket Submissions for Device Software Functions, has some notable differences from the current guidance.

FDA News
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May 21, 2018
Digital Health's Disruption of FDA Regulatory Policy

Digital health innovation is driving the FDA to change regulatory policy for drugs, biologics, medical devices, and combination products. Stakeholders should pay attention.

FDA News
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