MDR Annex XVI – Medical or Not?

MDR Annex XVI provides a list of products that are a specific category of items regulated under the EU Medical Device Regulation (MDR) 2017/745 even though they do not have an intended medical purpose. These are products are like medical devices in terms of functioning, risk profile, and application but are used for non-medical applications, e.g., aesthetic, cosmetic, etc. MDR Annex XVI brings them under the same rigorous safety, quality, and conformity assessment requirements as actual medical devices to protect public health.

List of groups of products without an intended medical purpose referred to in article 1 (2):

GroupDescriptionExamples
 1Contact lenses or other items intended to be introduced into or onto the eyeColoured / decorative (non-corrective) contact lenses
 2Products intended to be totally or partially introduced into the human body through surgically invasive means to modify anatomy or fix body parts (except tattooing & piercings)Cosmetic breast implants, gluteal/calf/chin implants, subdermal implants, absorbable threads for lifting
 3Substances, combinations of substances, or items used for facial or other dermal/mucous membrane filling by injection or other introduction (excluding tattooing)Dermal fillers (hyaluronic acid, etc.), injectable fillers for wrinkles or volume
 4Equipment intended to reduce, remove, or destroy adipose tissueLiposuction equipment, cryolipolysis (fat-freezing) devices, lipolysis/lipoplasty machines
 5High-intensity electromagnetic radiation (IR, visible light, UV) emitting equipment for use on the human body (lasers, IPL, etc.)Lasers/IPL for hair removal, skin resurfacing, tattoo removal, or other skin treatments
 6Equipment for transcranial brain stimulation using electrical currents or magnetic/electromagnetic fields to modify neuronal activityCertain TMS (transcranial magnetic stimulation) devices for non-medical cognitive enhancement

 

These products must comply with the full MDR requirements (risk management, technical documentation, clinical evaluation where needed, CE marking via a Notified Body, post-market surveillance, etc.). Annex XVI expands the MDR’s scope to cover popular aesthetic and “lifestyle” products that previously fell into a regulatory grey area, ensuring they meet high safety standards despite lacking a medical claim.

Read the MHRA guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/748131/Guidance_leaflet_on_Annex_XVI_products_.pdf

About the author

Partner and General Manager, Brian Pate is ISO 1385:2016 Lead Auditor certified for Medical Device Quality Management Systems (MD), and ISO 19011:2018 Management Systems Auditing (AU) and Leading Management Systems Audit Teams (TL). Brian started his medical device career in anesthesia clinical research in 1985 and has since worked both academia and industry including many years with Johnson & Johnson, Baxter Healthcare, and GE Medical. Brian’s roles have included software engineering, systems engineering, quality assurance, and regulatory affairs. Brian has served on multiple AAMI TIR working groups, including TIR32-2008 (Application of ISO 14971 Risk Management to Software; now IEC 80002-1) and TIR45-2012 (Guidance on the use of Agile practices in the development of medical device software) and served as a reviewer for the 2nd edition of TIR45. Brian serves on the AAMI Software Committee and as an AAMI instructor for the software, design controls, and agile methods courses. Brian also is a member of the Underwriters’ Laboratories (UL) Standards Technical Panel for UL1998 (Software in Programmable Components) and or UL5500 (Remote Software Updates).

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