Is CE Mark “Good Enough?” LinkedIn Members Weigh In
January 27, 2012 – 4:41 pm
Over the years, a growing number of medical device companies in the United States have decided to obtain the CE mark for new products before attempting to approve products through FDA. While FDA is not monolithic, many in the industry view the European system as generally more consistent, transparent, and often easier to deal with than FDA’s Office of Device Approvals. And the reason for that thinking is easy to understand: products generally obtain the CE mark much earlier than they do FDA approval.
In late 2010, a somewhat controversial survey titled “FDA Impact on U.S. Medical Technology Innovation” sought to quantify the feeling of medical device professionals in the United States who had experience with product approvals in the United States and Europe. In terms of “overall experience,” the survey found that 75% of respondents rated their regulatory experience in the European Union as “excellent” or “very good.” Only 16% held FDA in such high esteem.
The report was later criticised by Gregory Curfman, MD, executive editor of the New England Journal of Medicine as well as by Howard Bauchner, MD, editor in chief of JAMA.
But the fact remains that many people active in the industry had the opinion that the European regulatory framework was, in a word, better than the US version. In early 2011, Jeffrey Shuren, MD, director of FDA’s CDRH division came to the defense of the US regulatory system, stating that, in the EU, patients are treated as “guinea pigs.”
His remark was widely attacked at the time. But, more recently, there has been growing disapproval of the EU system as a result of the PIP breast implant scandal.
Over on the Medical Devices Group, I asked if a CE mark was ”good enough,” and 67 responses came pouring in within two weeks. I wrote:
As you know, medical devices sold in America require FDA clearance. Is gaining FDA clearance more stringent than obtaining a CE mark?
And a question for regulatory experts in our group: Is it defensible for your sales reps to say to a prospect, “Well, our device has FDA clearance and the competitor only has a CE mark.” The clear inference is that FDA clearance is better, so you should buy my product instead.





