Health Law Daily Wrap Up, MEDICAL DEVICES—FINAL RULES: Medical Devices; Immunology and Microbiology Devices; Classification of the Device To Preserve and Stabilize Relative Abundances of Microbial Nucleic Acids in Clinical Samples, (May 7, 2026)

By WK Editorial Staff

The Food and Drug Administration (FDA) is classifying the device to preserve and stabilize relative abundances of microbial nucleic acids in clinical samples into class II (special controls).

The special controls that apply to the device type are identified in this order and will be part of the codified language for classification of the device to preserve and stabilize relative abundances of microbial nucleic acids in clinical samples. The FDA is taking this action having determined that classifying the device into class II will provide a reasonable assurance of safety and effectiveness of the device. The FDA believes this action will also enhance patients’ access to beneficial innovative devices, in part by reducing regulatory burdens. (Final Rule, 91 Fed. Reg. 24341 (May 6, 2026)).

Dates. This order is effective May 6, 2026. The classification was applicable on November 3, 2021.

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