After reviewing a 510(k), which action may the FDA NOT take?

The FDA's actions after reviewing a 510(k) application are specifically defined within the regulatory framework governing medical devices. When the FDA reviews a 510(k), they assess whether the device is substantially equivalent to a legally marketed predicate device. This process is not an approval pathway but rather a comparison to determine equivalence.

Declaring a device as substantially equivalent or not substantially equivalent are both common actions stemming from the 510(k) review process. Additionally, the FDA may determine that a 510(k) is not required if the device reaches a conclusion of exemption from the need for such submissions based on certain criteria.

However, the FDA does not "approve" devices through the 510(k) pathway. Rather, devices that are found to be substantially equivalent can be marketed without further premarket approval, but this does not constitute an approval in the way that a Premarket Approval (PMA) application undergoes. The approval process for devices intended for market usually invokes more rigorous evaluation through the PMA and not through the 510(k) process, which is designed primarily for equivalency assessments. Thus, stating that the FDA may ‘approve’ a device for market through a 510(k) is not accurate.