[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22727-22732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09678]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2022-N-0150]
Revocation of Four Authorizations of Emergency Use of In Vitro
Diagnostic Devices for Detection and/or Diagnosis of COVID-19;
Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing the
revocation of the Emergency Use Authorizations (EUAs) (the
Authorizations) issued to Pfizer Inc. for the Lucira COVID-19 All-In-
One Test Kit and Lucira CHECK-IT COVID-19 Test Kit, MAWD Laboratories
for the MAWD Laboratories SARS-CoV-2 Dual Target by RT-PCR, and
Nuclein, LLC (merged with Molecular Diagnostics Inc.) for the DASH
SARS-CoV-2/S Test. FDA revoked the Authorizations under the Federal
Food, Drug, and Cosmetic Act (FD&C Act) as requested by the
Authorization holder. The revocations, which include an explanation of
the reasons for each revocation, are reprinted at the end of this
document.
DATES: The revocation of the Authorization for the Pfizer Inc.'s Lucira
COVID-19 All-In-One Test and Lucira CHECK-IT COVID-19 Test Kit was
effective as of April 2, 2025, MAWD Laboratories' MAWD Laboratories
SARS-CoV-2 Dual Target by RT-PCR was effective as of April 2, 2025, and
Nuclein, LLC's (following merger with Molecular Diagnostics Inc.) DASH
SARS-CoV-2/S Test was effective as of April 3, 2025.
ADDRESSES: Submit written requests for a single copy of the revocations
to the Office of Policy, Center for Devices and Radiological Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm.
5431, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your request or include a fax
number to which the revocations may be sent. See the SUPPLEMENTARY
INFORMATION section for electronic access to the revocations.
FOR FURTHER INFORMATION CONTACT: Kim Sapsford-Medintz, Office of
Product Evaluation and Quality, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 3216, Silver Spring, MD 20993-0002, 301-796-0311 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, radiological, or nuclear agent or agents. Among
other things, section 564 of the FD&C Act allows FDA to authorize the
use of an unapproved medical product or an unapproved use of an
approved medical product in certain situations.
On November 17, 2020, FDA issued the Authorization to Lucira
Health, Inc. for the Lucira COVID-19 All-In-One Test Kit, subject to
the terms of the Authorization.\1\ Notice of the issuance of this
Authorization was published in the Federal Register on April 23, 2021
(86 FR 21749), as required by section 564(h)(1) of the FD&C Act.
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\1\ Ownership of the EUA for the Lucira COVID-19 All-In-One Test
Kit was transferred from Lucira Health, Inc. to Pfizer Inc.
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On April 9, 2021, FDA issued the Authorization to Lucira Health,
Inc. for the Lucira CHECK[radic]IT COVID-19 Test Kit, subject to the
terms of the Authorization.\2\ Notice of the issuance of this
Authorization was published in the Federal Register on July 23, 2021
(86 FR 39040), as required by section 564(h)(1) of the FD&C Act.
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\2\ Ownership of the EUA for the Lucira CHECK-IT COVID-19 Test
Kit was transferred from Lucira Health, Inc. to Pfizer Inc.
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On October 13, 2023, FDA issued the Authorization to MAWD
Laboratories for the MAWD Laboratories' SARS-CoV-2 Dual Target by RT-
PCR, subject to the terms of the Authorization. Notice of the issuance
of this Authorization was published in the Federal Register on January
25, 2024 (89 FR 4952), as required by section 564(h)(1) of the FD&C
Act.
On March 15, 2022, FDA issued the Authorization to Minute Molecular
Diagnostics, Inc. (merged with Nuclein, LLC) for the DASH SARS-CoV-2/S
Test, subject to the terms of the Authorization. Notice of the issuance
of this Authorization was published in the Federal Register on July 22,
2022 (87 FR 43877), as required by section 564(h)(1) of the FD&C Act.
Subsequent updates to the Authorizations were made available on
FDA's website. The authorization of a device for emergency use under
section 564 of the FD&C Act may, pursuant to section 564(g)(2) of the
FD&C Act, be revoked when the criteria under section 564(c) of the FD&C
Act for issuance of such authorization are no longer met (section
564(g)(2)(B) of the FD&C Act), or other circumstances make such
revocation appropriate to protect the public health or safety (section
564(g)(2)(C) of the FD&C Act).
II. Authorizations Revocation Requests
In a request received by FDA on March 14, 2025, Pfizer Inc.
requested the revocation of, and on April 2, 2025, FDA revoked, the
Authorization for the Pfizer Inc.'s Lucira COVID-19 All-In-One Test
Kit. Pfizer Inc. notified FDA that it did not distribute the Pfizer
Inc.'s
[[Page 22728]]
Lucira COVID-19 All-In-One Test Kit, and requested FDA revoke the
Pfizer Inc.'s Lucira COVID-19 All-In-One Test Kit. FDA has determined
that it is appropriate to protect the public health or safety to revoke
this Authorization.
In a request received by FDA on March 14, 2025, Pfizer Inc.,
requested the revocation of, and on April 2, 2025, FDA revoked, the
Authorization for the Pfizer Inc.'s Lucira CHECK-IT COVID-19 Test Kit.
Pfizer Inc. notified FDA that it did not distribute the Pfizer Inc.'s
Lucira CHECK-IT COVID-19 Test Kit, and requested FDA revoke the Pfizer
Inc.'s Lucira CHECK-IT COVID-19 Test Kit. FDA has determined that it is
appropriate to protect the public health or safety to revoke this
Authorization.
In a request received by FDA on March 17, 2025, MAWD Laboratories
requested the revocation of, and on April 2, 2025, FDA revoked, the
Authorization for the MAWD Laboratories' MAWD Laboratories SARS-CoV-2
Dual Target by RT-PCR. MAWD Laboratories notified FDA that it had
discontinued use of the MAWD Laboratories SARS-CoV-2 Dual Target by RT-
PCR as of April 2, 2025, and requested FDA revoke the MAWD
Laboratories' MAWD Laboratories SARS-CoV-2 Dual Target by RT-PCR. FDA
has determined that it is appropriate to protect the public health or
safety to revoke this Authorization.
In a request received by FDA on March 17, 2025, Nuclein, LLC
(following merger with Minute Molecular Diagnostics, Inc.), requested
the revocation of, and on April 3, 2025, FDA revoked, the Authorization
for the Nuclein, LLC's DASH SARS-CoV-2/S Test. Nuclein, LLC notified
FDA that it had ceased manufacture of the authorized Nuclein, LLC's
DASH SARS-CoV-2/S Test as of January 1, 2025, and requested FDA revoke
the Nuclein, LLC's DASH SARS-CoV-2/S Test. FDA has determined that it
is appropriate to protect the public health or safety to revoke this
Authorization.
III. Electronic Access
An electronic version of this document and the full text of the
revocations are available on the internet at https://www.regulations.gov/.
IV. The Revocations
Having concluded that the criteria for revocation of the
Authorizations under section 564(g)(2)(C) of the FD&C Act are met, FDA
has revoked the Pfizer Inc.'s Lucira CHECK-IT COVID-19 Test Kit and
Lucira COVID-19 All-In-One Test Kit, MAWD Laboratories' MAWD
Laboratories SARS-CoV-2 Dual Target by RT-PCR, and Nuclein, LLC's DASH
SARS-CoV-2/S Test. The revocations in their entirety follow and provide
an explanation of the reasons for revocation, as required by section
564(h)(1) of the FD&C Act.
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Dated: May 22, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-09678 Filed 5-28-25; 8:45 am]
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