510(k) for Amazon Product Violation – Flagged as Medical Device
I'm looking to get help from any Amazon Mods or sellers who’ve been through this. We own the brand and product listing for ASIN B07HGHWCMP, a Vitamin D at-home test kit.
After a period of smooth operations, our listing was suddenly flagged as a medical device, and Amazon requested a 510(k) premarket notification number. We complied by submitting a letter of exemption, clearly citing applicable FDA documentation that shows our product falls under an exempt category.
But we haven’t heard anything back, and the listing remains suppressed.
Key Points:
- According to FDA regulations, many Class I and some Class II in vitro diagnostic (IVD) devices, especially home-use sample collection kits, fall under the 510(k) exemption list.
- Our kit does not perform the diagnostic testing itself, nor does it provide medical advice or treatment. It only facilitates sample collection (via dried blood spot), which is then sent to a CLIA-certified lab for testing.
- We made this distinction clear in our submitted exemption letter.
- This aligns with prior precedents and is supported by documentation on the FDA’s official page: FDA – Medical Device Exemptions 510(k) and GMP Requirements
- Additionally, the device is not listed in the FDA’s Summary of Medical Devices Reclassified Since 2013, indicating it is not considered a Class II medical device that would require a 510(k).
We’ve followed procedure, submitted a formal exemption letter per Amazon’s documentation guidance, and cited the relevant FDA classifications, but we’re still waiting for any acknowledgment or next steps. We’d appreciate guidance from anyone who has dealt with similar suppression issues or knows how to escalate this to the correct Amazon compliance team.
Case number: 17683345581
Thank you in advance!
510(k) for Amazon Product Violation – Flagged as Medical Device
I'm looking to get help from any Amazon Mods or sellers who’ve been through this. We own the brand and product listing for ASIN B07HGHWCMP, a Vitamin D at-home test kit.
After a period of smooth operations, our listing was suddenly flagged as a medical device, and Amazon requested a 510(k) premarket notification number. We complied by submitting a letter of exemption, clearly citing applicable FDA documentation that shows our product falls under an exempt category.
But we haven’t heard anything back, and the listing remains suppressed.
Key Points:
- According to FDA regulations, many Class I and some Class II in vitro diagnostic (IVD) devices, especially home-use sample collection kits, fall under the 510(k) exemption list.
- Our kit does not perform the diagnostic testing itself, nor does it provide medical advice or treatment. It only facilitates sample collection (via dried blood spot), which is then sent to a CLIA-certified lab for testing.
- We made this distinction clear in our submitted exemption letter.
- This aligns with prior precedents and is supported by documentation on the FDA’s official page: FDA – Medical Device Exemptions 510(k) and GMP Requirements
- Additionally, the device is not listed in the FDA’s Summary of Medical Devices Reclassified Since 2013, indicating it is not considered a Class II medical device that would require a 510(k).
We’ve followed procedure, submitted a formal exemption letter per Amazon’s documentation guidance, and cited the relevant FDA classifications, but we’re still waiting for any acknowledgment or next steps. We’d appreciate guidance from anyone who has dealt with similar suppression issues or knows how to escalate this to the correct Amazon compliance team.
Case number: 17683345581
Thank you in advance!
5 respostas
Michelle_Amazon
Hello @Seller_tCSH0u8AGAYyn,
Thanks for reaching out. I see that the team has reached out to you in your case advising what they need from you. If you need additional help after providing the required information, please let me know and I will be happy to take another look.
Regards,
Michelle