Which of the following statements about 3rd party establishment inspections under MDUFMA is NOT true?

The statement that manufacturers of class III devices are ineligible for 3rd party inspections under the Medical Device User Fee and Modernization Act (MDUFMA) is indeed accurate. Under the MDUFMA framework, third-party organizations are authorized by the FDA to conduct inspections of medical device establishments. However, this provision is specifically limited to class I and class II devices, making class III manufacturers ineligible for 3rd party inspections.

The concept behind this policy is that class III devices are generally high-risk devices requiring more stringent oversight due to their complexity and potential impact on patient safety. As such, the FDA retains the responsibility for conducting the inspections of these higher-risk devices to ensure compliance with regulatory standards.

In contrast, the other statements reflect aspects of the eligibility criteria for establishments seeking third-party inspections. Establishments must market devices both in the US and foreign territories; they also must have recent inspection results classified as either No Action Indicated (NAI) or Voluntary Action Indicated (VAI) to qualify for third-party inspections. Moreover, they are required to inform the FDA about their chosen inspection entity for approval, which falls in line with maintaining oversight and accountability within the inspection process.