Notice2025-04710

Revocation of Three Authorizations of Emergency Use of In Vitro Diagnostic Devices for Detection and/or Diagnosis of COVID-19; Availability

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 20, 2025
Effective
January 8, 2025

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA) is announcing the revocation of the Emergency Use Authorizations (EUAs) (the Authorizations) issued to Beckman Coulter, Inc., for the Access SARS- CoV-2 IgG, Access SARS-CoV-2 IgM, and Access SARS-CoV-2 IgG II tests. FDA revoked the Authorizations under the Federal Food, Drug, and Cosmetic Act (FD&C Act) as requested by the Authorization holder. The revocations, which include an explanation of the reasons for each revocation, are reprinted at the end of this document.

Full Text

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<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13164-13167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04710]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0150]


Revocation of Three Authorizations of Emergency Use of In Vitro 
Diagnostic Devices for Detection and/or Diagnosis of COVID-19; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
revocation of the Emergency Use Authorizations (EUAs) (the 
Authorizations) issued to Beckman Coulter, Inc., for the Access SARS-
CoV-2 IgG, Access SARS-CoV-2 IgM, and Access SARS-CoV-2 IgG II tests. 
FDA revoked the Authorizations under the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) as requested by the Authorization holder. The 
revocations, which include an explanation of the reasons for each 
revocation, are reprinted at the end of this document.

DATES: The revocation of the Authorization for the Beckman Coulter, 
Inc.'s Access SARS-CoV-2 IgG, Access SARS-CoV-2 IgM, and Access SARS-
CoV-2 IgG II tests are effective as of January 8, 2025.

ADDRESSES: Submit written requests for a single copy of the revocations 
to the Office of Policy, Center for Devices and Radiological Health, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 
5431, Silver Spring, MD 20993-0002. Send one self-addressed adhesive 
label to assist that office in processing your request or include a fax 
number to which the revocations may be sent. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the revocations.

FOR FURTHER INFORMATION CONTACT: Kim Sapsford-Medintz, Office of 
Product Evaluation and Quality, Center for Devices and Radiological 
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
66, Rm. 3216, Silver Spring, MD 20993-0002, 301-796-0311 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the 
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and 
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5) 
allows FDA to strengthen the public health protections against 
biological, chemical, radiological, or nuclear agent or agents. Among 
other things, section 564 of the FD&C Act allows FDA to authorize the 
use of an unapproved medical product or an unapproved use of an 
approved medical product in certain situations.
    On June 26, 2020, FDA issued the Authorization to Beckman Coulter, 
Inc., for the Access SARS-CoV-2 IgG test, subject to the terms of the 
Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on November 20, 2020 (85 FR 74346), 
as required by section 564(h)(1) of the FD&C Act.
    On October 8, 2020, FDA issued the Authorization to Beckman 
Coulter, Inc., for the Access SARS-CoV-2 IgM test, subject to the terms 
of the Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on April 23, 2021 (86 FR 21749), as 
required by section 564(h)(1) of the FD&C Act.
    On March 22, 2021, FDA issued the Authorization to Beckman Coulter, 
Inc., for the Access SARS-CoV-2 IgG II test, subject to the terms of 
the Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on July 23, 2021 (86 FR 39040), as 
required by section 564(h)(1) of the FD&C Act.
    Subsequent updates to the Authorizations were made available on 
FDA's website. The authorization of a device for emergency use under 
section 564 of the FD&C Act may, pursuant to section 564(g)(2) of the 
FD&C Act, be revoked when the criteria under section 564(c) of the FD&C 
Act for issuance of such authorization are no longer met (section 
564(g)(2)(B) of the FD&C Act), or other circumstances make such 
revocation appropriate to protect the public health or safety (section 
564(g)(2)(C) of the FD&C Act).

II. Authorizations Revocation Requests

    In a request received by FDA on November 22, 2024, Beckman Coulter, 
Inc., requested the revocation of, and on January 8, 2025, FDA revoked, 
the Authorization for the Beckman Coulter, Inc.'s Access SARS-CoV-2 IgG 
test. Beckman Coulter, Inc., notified FDA of their intent to 
discontinue distribution of the Beckman Coulter, Inc.'s Access SARS-
CoV-2 IgG test as of January 1, 2025, and requested FDA revoke the 
Beckman Coulter, Inc.'s Access SARS-CoV-2 IgG test. FDA has determined 
that it is appropriate to protect the public health or safety to revoke 
this Authorization.
    In a request received by FDA on November 22, 2024, Beckman Coulter, 
Inc., requested the revocation of, and on January 8, 2025, FDA revoked, 
the Authorization for the Beckman Coulter, Inc.'s Access SARS-CoV-2 IgM 
test. Beckman Coulter, Inc., notified FDA of their intent to 
discontinue distribution of the Beckman Coulter, Inc.'s Access SARS-
CoV-2 IgM test as of January 1, 2025, and requested FDA revoke the 
Beckman Coulter, Inc.'s Access SARS-CoV-2 IgM test. FDA has determined 
that it is appropriate to protect the public health or safety to revoke 
this Authorization.

[[Page 13165]]

    In a request received by FDA on November 22, 2024, Beckman Coulter, 
Inc., requested the revocation of, and on January 8, 2025, FDA revoked, 
the Authorization for the Beckman Coulter, Inc.'s Access SARS-CoV-2 IgG 
II test. Beckman Coulter, Inc., notified FDA of their intent to 
discontinue distribution of the Beckman Coulter, Inc.'s Access SARS-
CoV-2 IgG II test as of January 1, 2025, and requested FDA revoke the 
Beckman Coulter, Inc.'s Access SARS-CoV-2 IgG II test. FDA has 
determined that it is appropriate to protect the public health or 
safety to revoke this Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the 
revocations are available on the internet at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.

IV. The Revocations

    Having concluded that the criteria for revocation of the 
Authorizations under section 564(g)(2)(C) of the FD&C Act are met, FDA 
has revoked the EUAs of Beckman Coulter, Inc.'s Access SARS-CoV-2 IgG, 
Access SARS-CoV-2 IgM, and Access SARS-CoV-2 IgG II tests. The 
revocations in their entirety follow and provide an explanation of the 
reasons for revocation, as required by section 564(h)(1) of the FD&C 
Act.
BILLING CODE 4164-01-P
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    Dated: March 13, 2025.
P. Ritu Nalubola,
Associate Commissioner for Policy.
[FR Doc. 2025-04710 Filed 3-19-25; 8:45 am]
BILLING CODE 4164-01-C


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Indexed from Federal Register on March 20, 2025.

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