21 C.F.R. § 884.5960
Genital vibrator for therapeutic use
(a) Identification. A genital vibrator for therapeutic use is an electrically operated device intended and labeled for therapeutic use in the treatment of sexual dysfunction or as an adjunct to Kegel's exercise (tightening of the muscles of the pelvic floor to increase muscle tone).
(b) Classification. Class II (performance standards). The device is exempt from the premarket notification procedures in part 807, subpart E, of this chapter subject to the limitations in § 884.9.
Notes of Decisions
Cited in 2
cases, 1981–2002 · leading case: Postscript Enter., Inc. v. Whaley, 658 F.2d 1249 (8th Cir. 1981).
Postscript Enter., Inc. v. Whaley, 658 F.2d 1249 (8th Cir. 1981). “Assuming that genital vibrators might be sex-inciting devices or contrivances, a problem arises because these items also have non-sex-inciting purposes which have been set forth in FDA regulations at 21 C.F.R. § 884.5960 (a) (1980): “A genital vibrator for therapeutic use is an…”
Pleasureland Museum v. Beutter, Robert C., 288 F.3d 988 (7th Cir. 2002). “, 1993) (“Handboox”) (listing vibratory use as necessary step to treat certain cases of female anorgasmia). In addition, FDA regulations conclusively establish the therapeutic and medical value of certain sexual devices.”
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