Gulfstream Daily Brief

Regulatory intelligence and policy · Issue 028

FDA sets three Class II device pathways, EMA opens nasal product consultation

Regulators clarified device pathways in the United States, while European authorities advanced guidance on nasal products and real world evidence.

By Scott Morvay, Founder October 9, 2026 Official sources linked

FDA

FDA classifies an OTC infant monitoring device

FDA classified infant pulse rate and oxygen saturation monitors for over the counter use into Class II, subject to special controls identified in the order.

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FDA

Hematopoietic cell enrichment kits enter Class II

FDA classified hematopoietic cell enrichment kits into Class II and identified special controls for the device type.

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FDA

FDA establishes Class II pathway for a home collection STI test system

FDA classified systems that detect nucleic acid from nonviral microorganisms causing sexually transmitted infections using home collected specimens into Class II, with special controls.

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FDA

LASIX oral solution remains eligible as an ANDA reference product

FDA determined that LASIX oral solution, 10 mg/mL, was not withdrawn for safety or effectiveness reasons. FDA may continue approving qualifying ANDAs that reference it.

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EMA

EMA opens consultation on nasal product equivalence

EMA published a draft guideline on requirements for demonstrating therapeutic equivalence for nasal products, with consultation open.

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MHRA

MHRA consolidates real world evidence resources

MHRA published supporting guidance, publications and resources on using real world data and real world evidence in regulatory decision making for medicines and medical devices.

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Why this matters

The FDA orders define special control pathways for three distinct device types, while the LASIX determination preserves a route for qualifying generic applications. In Europe, the EMA consultation gives stakeholders an opportunity to examine proposed evidence expectations for nasal products, and MHRA's resource collection provides a central reference for real world evidence work.

Scott Morvay

Founder, Gulfstream Intelligence

This brief provides general regulatory news and educational information. It is not legal or regulatory advice.