With limited exceptions, the consent decree prohibits Philips and those individually named from manufacturing, processing, packing, holding or distributing devices made by the ECR business unit at their Andover, Mass. and Bothell, Wash. facilities until they comply with the Federal Food, Drug and Cosmetic Act (FD&C Act) and FDA regulations, in addition to other requirements.
According to the complaint filed with the consent decree, Philips was responsible for the manufacture and distribution of adulterated devices because its AEDs and Q-CPR Meters were made in violation of current good manufacturing practice (CGMP) requirements under the FD&C Act based on noncompliance with quality system (QS) regulations. The complaint notes that the company failed to establish and maintain adequate processes regarding its corrective and preventative action procedures, design verification and validation controls, and product specifications.
“AEDs are life-saving tools and are designed to be used by the general public or professionals in an emergency,” said Melinda Plaisier, associate commissioner for regulatory affairs at the FDA. “People rely on these devices to work when needed. By not adequately addressing corrective and preventative actions with their AEDs in a timely manner, Philips distributed adulterated products that put people at risk.”
The consent decree requires Philips’ ECR business unit to cease operations at its Massachusetts and Washington facilities, with certain exceptions, until it completes corrective actions, including hiring a qualified third-party CGMP expert to inspect its ECR business unit to ensure it is fulfilling the QS regulation requirements of the FD&C Act. The expert will provide the FDA with a report on the company’s compliance and the agency will conduct an inspection of both manufacturing facilities before allowing Philips to resume manufacturing.
The complaint was filed by the U.S. Department of Justice on behalf of the FDA.