(a) Identification. A scented or scented deodorized menstrual tampon is a device that is a plug made of cellulosic or synthetic material that is inserted into the vagina and used to absorb menstrual or other vaginal discharge. It has scent (i.e., fragrance materials) added for aesthetic purposes (scented menstrual tampon) or for deodorizing purposes (scented deodorized menstrual tampon). This generic type of device does not include menstrual tampons treated with added antimicrobial agents or other drugs.
(b) Classification. Class II (performance standards).
[45 FR 12684, Feb. 26, 1980, as amended at 45 FR 51186, Aug. 1, 1980]
Notes of Decisions
Kandis L. Papike v. Tambrands Inc., 107 F.3d 737 (9th Cir. 1997).
“21 C.F.R. §§ 884.5460 , 884.5470 (1996). Use of Class II devices involves some risk of injury, so manufacturers of these devices must comply with federal regulations known as “special controls.”
Reece v. Good Samaritan Hosp., 953 P.2d 117 (Wash. Ct. App. 1998).
“A Class II medical device is one that poses some risk of injury to the user, so the manufacturers of these devices must comply with federal performance regulations known as “special controls.” 21 U.S.C. § 360c(a)(l)(B) (1994) (as amended in 1990).”
Meyer v. Int'l Playtex, Inc., 724 F. Supp. 288 (D.N.J. 1988).
“21 C.F.R. §§ 884.5460 and 884.5470. The Amendments further provide that "The Secretary may by regulation, promulgated in accordance with this section, establish a performance standard for a Class II device.”
Lindquist v. Tambrands, Inc., 721 F. Supp. 1058 (D. Minn. 1989).
“§§ 360c; 21 C.F.R. §§ 884.5460 , 884.5470. In enacting the MDA in 1976, Congress intended to assure “that Americans are not put at risk from the use of unsafe and ineffective medical devices.”
Ginochio v. Surgikos, Inc., 864 F. Supp. 948 (N.D. Cal. 1994).
“See 21 C.F.R. §§ 884.5460 and 884.5470. And the FDA has promulgated a regulation specifying the toxic shock warning that all tampons must include.”
Moore v. Kimberly-Clark Corp., 676 F. Supp. 731 (W.D. La. 1987).
“See 21 C.F.R. §§ 884.5460 and 884.5470. The Amendments provide that the Secretary may by regulation establish a performance standard for a Class II device.”
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