Notice2025-11822

Revocation of Authorization of Emergency Use of In Vitro Diagnostic Device 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
June 26, 2025
Effective
May 28, 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 Authorization (EUA) (the Authorization) issued to Cepheid for the Xpert Xpress SARS-CoV-2 test. FDA revoked the Authorization under the Federal Food, Drug, and Cosmetic Act (FD&C Act) as requested by the Authorization holder. The revocation, which includes an explanation of the reason for revocation, is reprinted at the end of this document.

Full Text

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[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Notices]
[Pages 27321-27323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11822]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Revocation of Authorization of Emergency Use of In Vitro 
Diagnostic Device 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 Authorization (EUA) (the Authorization) 
issued to Cepheid for the Xpert Xpress SARS-CoV-2 test. FDA revoked the 
Authorization under the Federal Food, Drug, and Cosmetic Act (FD&C Act) 
as requested by the Authorization holder. The revocation, which 
includes an explanation of the reason for revocation, is reprinted at 
the end of this document.

[[Page 27322]]


DATES: The revocation of the Authorization for the Cepheid's Xpert 
Xpress SARS-CoV-2 test was effective as of May 28, 2025.

ADDRESSES: Submit written requests for a single copy of the revocation 
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 revocation may be sent. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the revocation.

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 March 20, 2020, FDA issued the Authorization to Cepheid for the 
Xpert Xpress SARS-CoV-2 test, subject to the terms of the 
Authorization. Notice of the issuance of this Authorization was 
published in the Federal Register on June 5, 2020 (85 FR 34638), as 
required by section 564(h)(1) of the FD&C Act.
    Subsequent updates to the Authorization 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. Authorization Revocation Request

    In a request received by FDA on May 21, 2025, Cepheid requested the 
revocation of, and on May 28, 2025, FDA revoked, the Authorization for 
the Cepheid's Xpert Xpress SARS-CoV-2 test. Cepheid notified FDA that 
all its U.S. customers transitioned to the Xpert Xpress SARS-CoV-2 plus 
product that was authorized under EUA220187, and requested FDA revoke 
the Cepheid's Xpert Xpress SARS-CoV-2 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 
revocation is available on the internet at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.

IV. The Revocation

    Having concluded that the criteria for revocation of the 
Authorization under section 564(g)(2)(C) of the FD&C Act are met, FDA 
has revoked the EUA for Cepheid's Xpert Xpress SARS-CoV-2 test. The 
revocation in its entirety follows and provides an explanation of the 
reason for revocation, as required by section 564(h)(1) of the FD&C 
Act.
BILLING CODE 4164-01-P

[[Page 27323]]

[GRAPHIC] [TIFF OMITTED] TN26JN25.006


    Dated: June 23, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-11822 Filed 6-25-25; 8:45 am]
BILLING CODE 4164-01-C


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Indexed from Federal Register on June 26, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.