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Regulatory

Systemic effect

Systemic effect is one of several criteria in 21 CFR 1271.10 that determine whether an HCT/P can be regulated solely under section 361. Generally, the product must not have a systemic effect and must not depend on the metabolic activity of living cells for its primary function, except for certain autologous and related-donor uses and other exceptions described in the regulation. Whether a specific product and intended use meets this criterion is a determination for the clinic and its counsel, made against the full text of 21 CFR 1271.10.

This criterion separates tissue products that act locally and structurally from products whose primary function depends on biological activity throughout the body or on living cells doing something metabolically active. A product that falls into the latter category is pushed toward the section 351 biologics pathway instead of section 361, regardless of how it is otherwise processed.

FDA states there are no FDA-approved exosome products. These products are generally regulated as biologic drugs under section 351. Decisions about purchasing or clinically using an exosome product belong to the physician, working with their own regulatory counsel.

Whether a specific product and intended use trips this criterion is a legal and scientific determination, not something a distributor can settle through a product description. Clinics should review a supplier's documentation on this point with their own regulatory counsel rather than treating any marketing statement, including this one, as a final answer.

These products are not FDA approved or licensed for any disease or condition. Information is for licensed healthcare professionals and is not medical or legal advice.

This criterion is part of why vesicle-based products are generally discussed under a different regulatory pathway than structural tissue products, which should inform how a clinic frames its own review.

Sources

  1. 21 CFR 1271.10 - Are my HCT/Ps regulated solely under section 361 of the PHS Act ↗eCFR
  2. Consumer alert on regenerative medicine products including stem cells and exosomes ↗FDA