MODIFICATION TO: BINAXNOW INFLUENZA A & B TEST

K092223 · Binax, Inc. · PSZ · Aug 12, 2009 · Microbiology

Device Facts

• Record ID: K092223
• Device Name: MODIFICATION TO: BINAXNOW INFLUENZA A & B TEST
• Applicant: Binax, Inc.
• Product Code: PSZ · Microbiology
• Decision Date: Aug 12, 2009
• Decision: SESE
• Submission Type: Special
• Regulation: 21 CFR 866.3328
• Device Class: Class 2
• Attributes: Pediatric

Intended Use

The BinaxNOW® Influenza A & B Test is an in vitro immunochromatographic assay for the qualitative detection of influenza A and B nucleoprotein antigens in nasopharyngeal swab, nasal swab, and nasal wash/aspirate specimens. It is intended to aid in the rapid differential diagnosis of influenza A and B viral infections. Negative test results should be confirmed by culture.

Device Story

BinaxNOW Influenza A & B Test is a lateral flow immunochromatographic membrane assay. Input: nasopharyngeal swab, nasal swab, or nasal wash/aspirate specimens. Operation: specimen eluted into solution, applied to test strip containing immobilized monoclonal antibodies specific to influenza A and B nucleoproteins. If antigens are present, they bind to antibodies, forming visible pink-to-purple lines on the test strip. A blue control line indicates valid assay performance. Results interpreted visually at 15 minutes. Used in clinical settings (physician offices, clinics, hospitals) by healthcare professionals. Output: qualitative positive/negative result for influenza A and B. Assists clinicians in rapid differential diagnosis of influenza infections. Negative results require confirmation by culture. Benefits include rapid identification of viral infection to guide clinical management.

Clinical Evidence

Clinical performance evaluated via prospective (n=846) and retrospective (n=293) studies comparing the device to cell culture/DFA. Prospective study: overall sensitivity 81% (Flu A) and 65% (Flu B); specificity 97% (Flu A) and 100% (Flu B). Retrospective study: overall sensitivity 83% (Flu A) and 53% (Flu B); specificity 93% (Flu A) and 96% (Flu B). Analytical studies established limit of detection (LOD) for Flu A/Beijing and Flu B/Harbin. Cross-reactivity tested against 36 commensal/pathogenic microorganisms; no interference observed. Reproducibility study showed 97% agreement across sites and operators.

Technological Characteristics

Lateral flow immunochromatographic membrane assay. Components: monoclonal antibodies immobilized on membrane support, cardboard book-shaped hinged test device. Principle: antigen-antibody binding visualized as colored lines. Connectivity: standalone. Sterilization: not specified. Software: none.

Indications for Use

Indicated for qualitative detection of influenza A and B nucleoprotein antigens in nasopharyngeal swabs, nasal swabs, and nasal wash/aspirate specimens from symptomatic patients of all ages to aid in rapid differential diagnosis of viral infections.

Regulatory Classification

Identification

An influenza virus antigen detection test system is a device intended for the qualitative detection of influenza viral antigens directly from clinical specimens in patients with signs and symptoms of respiratory infection. The test aids in the diagnosis of influenza infection and provides epidemiological information on influenza. Due to the propensity of the virus to mutate, new strains emerge over time which may potentially affect the performance of these devices. Because influenza is highly contagious and may lead to an acute respiratory tract infection causing severe illness and even death, the accuracy of these devices has serious public health implications.

Special Controls

*Classification.* Class II (special controls). The special controls for this device are:(1) The device's sensitivity and specificity performance characteristics or positive percent agreement and negative percent agreement, for each specimen type claimed in the intended use of the device, must meet one of the following two minimum clinical performance criteria: (i) For devices evaluated as compared to an FDA-cleared nucleic acid based-test or other currently appropriate and FDA accepted comparator method other than correctly performed viral culture method: (A) The positive percent agreement estimate for the device when testing for influenza A and influenza B must be at the point estimate of at least 80 percent with a lower bound of the 95 percent confidence interval that is greater than or equal to 70 percent. (B) The negative percent agreement estimate for the device when testing for influenza A and influenza B must be at the point estimate of at least 95 percent with a lower bound of the 95 percent confidence interval that is greater than or equal to 90 percent. (ii) For devices evaluated as compared to correctly performed viral culture method as the comparator method: (A) The sensitivity estimate for the device when testing for influenza A must be at the point estimate of at least 90 percent with a lower bound of the 95 percent confidence interval that is greater than or equal to 80 percent. The sensitivity estimate for the device when testing for influenza B must be at the point estimate of at least 80 percent with a lower bound of the 95 percent confidence interval that is greater than or equal to 70 percent. (B) The specificity estimate for the device when testing for influenza A and influenza B must be at the point estimate of at least 95 percent with a lower bound of the 95 percent confidence interval that is greater than or equal to 90 percent. (2) When performing testing to demonstrate the device meets the requirements in paragraph (b)(1) of this section, a currently appropriate and FDA accepted comparator method must be used to establish assay performance in clinical studies. (3) Annual analytical reactivity testing of the device must be performed with contemporary influenza strains. This annual analytical reactivity testing must meet the following criteria: (i) The appropriate strains to be tested will be identified by FDA in consultation with the Centers for Disease Control and Prevention (CDC) and sourced from CDC or an FDA-designated source. If the annual strains are not available from CDC, FDA will identify an alternative source for obtaining the requisite strains. (ii) The testing must be conducted according to a standardized protocol considered and determined by FDA to be acceptable and appropriate. (iii) By July 31 of each calendar year, the results of the last 3 years of annual analytical reactivity testing must be included as part of the device's labeling. If a device has not been on the market long enough for 3 years of annual analytical reactivity testing to have been conducted since the device received marketing authorization from FDA, then the results of every annual analytical reactivity testing since the device received marketing authorization from FDA must be included. The results must be presented as part of the device's labeling in a tabular format, which includes the detailed information for each virus tested as described in the certificate of authentication, either by: (A) Placing the results directly in the device's § 809.10(b) of this chapter compliant labeling that physically accompanies the device in a separate section of the labeling where the analytical reactivity testing data can be found; or (B) In the device's label or in other labeling that physically accompanies the device, prominently providing a hyperlink to the manufacturer's public Web site where the analytical reactivity testing data can be found. The manufacturer's home page, as well as the primary part of the manufacturer's Web site that discusses the device, must provide a prominently placed hyperlink to the Web page containing this information and must allow unrestricted viewing access. (4) If one of the actions listed at section 564(b)(1)(A)-(D) of the Federal Food, Drug, and Cosmetic Act occurs with respect to an influenza viral strain, or if the Secretary of Health and Human Services (HHS) determines, under section 319(a) of the Public Health Service Act, that a disease or disorder presents a public health emergency, or that a public health emergency otherwise exists, with respect to an influenza viral strain: (i) Within 30 days from the date that FDA notifies manufacturers that characterized viral samples are available for test evaluation, the manufacturer must have testing performed on the device with those viral samples in accordance with a standardized protocol considered and determined by FDA to be acceptable and appropriate. The procedure and location of testing may depend on the nature of the emerging virus. (ii) Within 60 days from the date that FDA notifies manufacturers that characterized viral samples are available for test evaluation and continuing until 3 years from that date, the results of the influenza emergency analytical reactivity testing, including the detailed information for the virus tested as described in the certificate of authentication, must be included as part of the device's labeling in a tabular format, either by: (A) Placing the results directly in the device's § 809.10(b) of this chapter compliant labeling that physically accompanies the device in a separate section of the labeling where analytical reactivity testing data can be found, but separate from the annual analytical reactivity testing results; or (B) In a section of the device's label or in other labeling that physically accompanies the device, prominently providing a hyperlink to the manufacturer's public Web site where the analytical reactivity testing data can be found. The manufacturer's home page, as well as the primary part of the manufacturer's Web site that discusses the device, must provide a prominently placed hyperlink to the Web page containing this information and must allow unrestricted viewing access.

Predicate Devices

• Binax NOW® Influenza A & B Test (K062109)

Submission Summary (Full Text)

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# 510(k) SUMMARY

AUG 12 2009

This summary of 510(k) safety and effectiveness information is being submitted in accordance with the requirements of SMDA 1990 and 21 CFR 807.92.

The assigned 510(k) number is: K092223

The purpose of this 510(k) submission is to expand the Analytical Reactivity claims of the currently 510(k) cleared BinaxNOW® Influenza A & B Test (510(k) K062109).

#### SUBMITTER

Binax. Inc. 10 Southgate Road Scarborough, Maine 04074 [phone] (Office) [phone] (FAX)

#### CONTACT PERSON

Angela Drysdale [e-mail] (email)

DATE PREPARED August 10, 2009

TRADE NAME BinaxNOW® Influenza A & B Test

#### COMMON NAME

NOW® Flu A/B Test, NOW® Influenza A/B, NOW® Influenza A & B, Binax NOW® Influenza A & B, Binax NOW® Influenza A/B

CLASSIFICATION NAME Antigen, CF (including CF Controls), Influenza Virus A, B, C (per 21 CFR 866.3330)

PREDICATE DEVICE Binax NOW® Influenza A & B Test; K062109

#### DEVICE DESCRIPTION:

The BinaxNOW* Influenza A & B Test is an immunochromatographic membrane assay that uses highly sensitive monoclonal antibodies to detect influenza type A & B nucleoprotein antigens in nasopharyngeal (NP) swab, nasal swab, and nasal wash/aspirate specimens. These antibodies and a control antibody are immobilized onto a membrane support as three distinct lines and combined with other reagents/pads to construct a test strip. This test strip is mounted inside a cardboard, book-shaped hinged test device.

Swab specimens require a sample preparation step, in which the sample is eluted off the swab into elution solution or transport media. Nasal wash/aspirate samples require no preparation. Sample is added to the top of the test strip and the test device is closed. Test results are interpreted at 15 minutes based on the presence or absence of pink-to-purple colored Sample Lines. The blue Control Line turns pink in a valid assay.

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#### INTENDED USE

The BinaxNOW® Influenza A & B Test is an in vitro immunochromatographic assay for the qualitative detection of influenza A and B nucleoprotein antigens in nasopharyngeal swab, nasal swab, and nasal wash/aspirate specimens. It is intended to aid in the rapid differential diagnosis of influenza A and B viral infections. Negative test results should be confirmed by culture.

#### TECHNOLOGICAL CHARACTERISTICS

The Expanded Claim BinaxNOW® Influenza A & B Test is exactly the same as the currently 510(k) cleared BinaxNOW® Influenza A & B Test. Both tests use identical lateral flow immunochromatographic technology. Both tests are rapid immunoassays that employ specific antibodies immobilized onto a solid phase to capture and visualize influenza nucleoprotein antigens.

#### PERFORMANCE SUMMARY

#### CLINICAL STUDIES

#### BinaxNOW Influenza A & B Test Performance vs. Cell Culture / DFA - Prospective Study

A total of 846 prospective specimens collected from children (less than 18 years of age) and adults (18 years or older) were evaluated in the BinaxNOW* Influenza A & B Test and compared to culture/DFA. Evaluated specimens include nasopharyngeal swabs and nasal swabs collected from patients presenting with influenza-like symptoms. Forty-four percent (44%) of the population tested was male, 56% female, 54% pediatric (< 18 years), and 46% adult (> 18 years). No differences in test performance were observed based on patient age or gender. A/H3 and A/H1 were the predominant influenza subtypes observed during this time.

BinaxNOW" A & B Test performance by sample type versus cell culture / DFA, including 95% confidence intervals, is listed below.

| Sample | +/+ | -/+ | % Sens | 95% CI | -/ | +/- | % Spec | 95% CI |
|------------|-----|-----|--------|--------|-----|-----|--------|---------|
| NP Swab | 53 | 16 | 77% | 65-86% | 278 | 3 | 99% | 97-100% |
| Nasal Swab | 85 | 17 | 83% | 74-90% | 378 | 16 | 96% | 93-98% |
| Overall | 138 | 33 | 81% | 74-86% | 656 | 19 | 97% | 96-98% |

## BinaxNOW* Influenza A & B Test Performance vs. Cell Culture/DFA for Detection of Flu A

#### BinaxNOW* Influenza A & B Test Performance vs. Cell Culture/DFA for Detection of Flu B

| Sample | +/+ | -/+ | % Sens | 95% CI | -/- | +/- | % Spec | 95% CI |
|------------|-----|-----|--------|--------|-----|-----|--------|---------|
| NP Swab | 2 | 2 | 50% | 9-91% | 346 | 0 | 100% | 99-100% |
| Nasal Swab | 9 | 4 | 69% | 39-90% | 481 | 2 | 100% | 98-100% |
| Overall | 11 | 6 | 65% | 39-85% | 827 | 2 | 100% | 99-100% |

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### BinaxNOW Influenza A & B Test Performance vs. Cell Culture / DFA - Retrospective Study

A total of 293 retrospective frozen clinical samples were evaluated in the BinaxNOW™ Influenza A & B Test and compared to culture/DFA. All clinical samples were collected from symptomatic patients at multiple physician offices, clinics and hospitals located in the Southern, Northeastern and Midwestern regions of the United States and from one hospital in Sweden. Fifty-three percent (53%) of the population tested was male, 47% female, 62% pediatric (<18 years) and 38% adult (≥ 18 years). Nasal wash/aspirate specimens comprised approximately 61% of the samples tested, while NP swabs represented 39%. No differences in test performance were observed based on patient age and gender or based on sample type tested.

BinaxNOW" A & B Test performance by sample type versus cell culture / DFA, including 95% confidence intervals, is listed below.

| Sample | +/+ | -/+ | % Sens | 95% CI | -/- | +/- | % Spec | 95% CI |
|---------------|-----|-----|--------|--------|-----|-----|--------|--------|
| NP Swab | 19 | 8 | 70% | 50-86% | 77 | 9 | 90% | 81-95% |
| Wash/Aspirate | 51 | 6 | 89% | 78-96% | 117 | 6 | 95% | 89-98% |
| Overall | 70 | 14 | 83% | 73-90% | 194 | 15 | 93% | 88-96% |

# BinaxNOW" Influenza A & B Test Performance vs. Cell Culture/DFA for Detection of Flu A

# BinaxNOW" Influenza A & B Test Performance vs. Cell Culture/DFA for Detection of Flu B

| Sample | Test Sensitivity | | | | Test Specificity | | | |
|---------------|------------------|-----|--------|--------|------------------|-----|--------|---------|
| | +/+ | -/+ | % Sens | 95% CI | -/+ | +/+ | % Spec | 95% CI |
| NP Swab | 0 | 0 | N/A | N/A | 111 | 2 | 98% | 93-100% |
| Wash/Aspirate | 8 | 7 | 53% | 27-78% | 155 | 10 | 94% | 89-97% |
| Overall | 8 | 7 | 53% | 27-78% | 266 | 12 | 96% | 92-98% |

#### ANALYTICAL STUDIES

#### ANALYTICAL SENSITIVITY

The BinaxNOW" test limit of detection (LOD), defined as the concentration of influenza virus that produces positive BinaxNOW" test results approximately 95% of the time, was identified by evaluating different concentrations of inactivated Flu A/Beijing and inactivated Flu B/Harbin in the BinaxNOW® test.

Twelve (12) different operators each interpreted 2 devices run at each concentration for a total of 24 determinations per level. The following results identify a concentration of 1.03 x 102 xg/ml as the LOD for Flu A/Beijing and 6.05 x 101 ng/ml for Flu B/Harbin.

| Influenza A/Beijing | | |
|-------------------------------|------------|------------|
| Concentration (ng/ml) | # Detected | % Detected |
| $1.03 \times 10^2$ (LOD) | 23/24 | 96 |
| $5.60 \times 10^1$ (Cutoff) | * | 50 |
| $3.27 \times 10^1$ (High Neg) | 4/24 | 17 |
| True Negative | 0/24 | 0 |

| Influenza B/Harbin | | |
|-----------------------|------------|------------|
| Concentration (ng/ml) | # Detected | % Detected |
| 6.05 x 10¹ (LOD) | 23/24 | 96 |
| 2.42 x 10¹ (Cutoff) | 11/24 | 46 |
| 1.51 x 10¹ (High Neg) | 6/24 | 25 |
| True Negative | 0/24 | 0 |

0/ 24 *Limear regression was used to calculate a line equation, which was then used to project the cutoff concentration of Flu A/Beijing.

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#### REACTIVITY TESTING

The influenza A and B strains listed tested positive in the BinaxNOW" Influenza A & B Test at concentrations specified. Although the specific influenza strains causing infection in humans can vary year to year, all contain the conserved nucleoproteins targeted by the BinaxNOW" test. ' Performance characteristics of the BinaxNOW" Influenza A & B Test for detecting influenza A virus from human specimens was established when H1 and H3 subtypes were prevalent. Performance characteristics of the test when other influenza A virus subtypes are emerging as human pathogens have not been established.

| Influenza Strain | ATCC # | Concentration |
|-----------------------------------------------------|--------|----------------------|
| Flu A/WS/33 (H1N1) | VR-825 | 102-106 CEID50/ml |
| Flu A/NWS/33 (H1N1) | VR-219 | 102-106 CEID50/ml |
| Flu A/Hong Kong/8/68 (H3N2) | VR-544 | 102-106 CEID50/ml |
| Flu A/Aichi/2/68 (H3N2) | VR-547 | 102-106 CEID50/ml |
| Flu A/New Jersey/8/76 (Hsw1N1) | VR-897 | 102-106 CEID50/ml |
| Flu A/Mal/302/54 (H1N1) | VR-98 | 102-106 CEID50/ml |
| Flu A/Port Chalmers/1/73 (H3N2) | VR-810 | 102-105 CEID50/ml |
| Flu A/Hong Kong/156/97 (H5N1) | - | 1.3 x 102 TCID50/ml |
| Flu A/Vietnam/1194/04 (H5N1) | - | 1.0 x 104 TCID50/ml |
| Flu A/California/04/2009 (H1N1) swl (swine lineage) | - | 5.63 x 104 TCID50/ml |
| Flu A/ Auckland / 1 / 2009 A (H1N1) swl | - | 1.0 x 105 TCID50/ml |
| Flu A/ Auckland / 3 / 2009 A (H1N1) swl | - | 1.0 x 105 TCID50/ml |
| Flu A/Chicken/NY/117228-7/01 (H5N2) | - | 1.0 x 104 EID50/ml |
| Flu A/Turkey/VA/SEP-66/02 (H7N2) | - | 1.0 x 105 EID50/ml |
| Flu B/Lee/40 | VR-101 | 102-106 CEID50/ml |
| Flu B/Brigit | VR-786 | 102-106 CEID50/ml |
| Flu B/Russia/69 | VR-790 | 102-106 CEID50/ml |
| Flu B/Hong Kong/5/72 | VR-791 | 102-106 CEID50/ml |
| Flu B/R75 | VR-789 | 102-106 CEID50/ml |

Although this test has been shown to detect the Flu A/California/04/2009 (H1N1) virus cultured from a positive human specimen, the performance characteristics of this device with human specimens infected with the 2009 H1N1 influenza virus have not been established. The BinaxNOW® test can distinguish between influenza A and B viruses, but it does not differentiate seasonal influenza A virus from the novel influenza A (i.e. 2009 H1N1) and it's ability to detect human infection with the 2009 HTN1 influenza virus in clinical specimens is unknown.

#### ANALYTICAL SPECIFICITY (CROSS REACTIVITY)

To determine the analytical specificity of the BinaxNOW" Influenza A & B Test, 36 commensal and pathogenic microorganisms (27 bacteria, 8 viruses and 1 yeast) that may be present in the nasal cavity or nasopharynx were tested. All of the following microorganisms were negative when tested at concentrations ranging from 10+ to 10* TCID .. /ml (viruses), 10' to 10* organisms/ml (bacteria) and 10* organisms/ml (yeast).

Bacteria Acinetobacter Bordetella pertussis Enterococcus faecalis Escherichia coli Gardnerella vaginalis Haemophilus influenzae Klebsiella pneumoniae Lactobacillus casei Legionella pneumophila Listeria monocytogenes

BinaxNOW® Influenza A & B Test Special 510(k) Notification

Viruses Adenovirus Coronavirus Coxsackie B4 Cytomegalovirus (CMV) Parainfluenza 1 Parainfluenza 2 Parainfluenza 3 Respiratory Syncytial Virus (RSV)

Yeast

Candida albicans

Revision 08/10/09

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Moraxella catarrhalis Neisseria gonorrhoeae Neisseria meningitidis Neisseria sicca Neisseria subflava Proteus vulgaris Pseudomonas aeruginosa Serratia marcescens Staphylococcus aureus Staphylococcus aureus (Cowan protein A producing strain) Staphylococcus epidermidis Streptococcus, Group A Streptococcus, Group B Streptococcus, Group C Streptococcus, Group F Streptococcus mutans Streptococcus pneumoniae

#### INTERFERING SUBSTANCES

The following substances, naturally present in respiratory speciment or that may be artificially introduced into the nasal cavity or nasopharynx, were evaluated in the BinaxNOW" Influenza A & B Test at the concentrations listed and were found not to affect test performance. Whole blood (1%) did not interfere with the interpretation of negative BinaxNOW® test results, but did interfere with the interpretation of Flu A LOD positive samples. Therefore, visibly bloody samples may not be appropriate for use in this test.

| Substance | Concentration |
|-------------------------|---------------|
| 1 OTC mouthwash | 20% |
| 3 OTC nasal sprays | 15% |
| 3 OTC throat drops | 15% |
| 2 OTC throat sprays | 20% |
| 4-acetamidophenol | 10 mg/ml |
| Acetylsalicylic acid | 15 mg/ml |
| Albuterol | 20 mg/ml |
| Chlorpheniramine | 5 mg/ml |
| Dextromethorphan | 10 mg/ml |
| Diphenhydramine | 5 mg/ml |
| Guaiacol glycerol ether | 20 mg/ml |
| Oxymetazoline | 0.05% |
| Phenylephrine | 50 mg/ml |
| Phenylpropanolamine | 20 mg/ml |
| Rebetol | 500 ng/ml |
| Relenza | 20 mg/ml |
| Rimantadine | 500 ng/ml |
| Synagis | 0.1 mg/ml |
| Tamiflu | 50 mg/ml |

#### TRANSPORT MEDIA

The following transport media were tested in the BinaxNOW" Influenza A & B Test as negative samples (no virus present) and after inoculation with the LOD levels of Influenza A & B. Media did not impact BinaxNOW* test performance, with the media alone testing negative in the NOW* test and media inoculated with LOD Influenza A & B testing positive on the appropriate test line in BinaxNOW test.

> Amies Media Brain Heart Infusion Broth Dulbecco Medium Hank's Balanced Salt Solution

BinaxNOW® Influenza A & B Test Special 510(k) Notification

Revision 08/10/09

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M4 Media M4-RT Media M5 Media Phosphate Buffer Solution Saline Stuart's Media Tryptose Phosphate Broth UTM-RT Media Veal Infusion Broth

It has been determined that Sucrose-Phosphate Buffer may not be suitable for use with this test.

#### REPRODUCIBILITY

A blind study of the BinaxNOW* Influenza A & B Test was conducted at 3 separate sites using panels of blind coded specimens containing negative, low positive, and moderate positive samples. Participants tested each sample multiple times on 3 different days. There was 97% (242/250) agreement with expected test results, with no significant differences within run (replicates tested by one operator), between run (3 different days) or between sites (3 sites).

Signed Angela Drysdale Date 8/10/09

Sr. Manager, Clinical Affairs

1) Dowdle, W.R., Kendal, A.P., and Noble, G.R. 1980. Influenza Virus, p 836-884. Manual of Clinical Microbiology, 3rd edition, In Lennette, et. Al (ed.). American Society for Microbiology, Washington, D.C.

BinaxNOW® Influenza A & B Test Special 510(k) Notification

Revision 08/10/09

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Image /page/6/Picture/0 description: The image shows the logo for the U.S. Department of Health & Human Services. The logo consists of a stylized eagle or bird-like figure with three curved lines representing its body and wings. The logo is surrounded by text that reads "DEPARTMENT OF HEALTH & HUMAN SERVICES - USA" in a circular arrangement. The text is in all capital letters and is positioned around the upper half of the circle.

#### DEPARTMENT OF HEALTH & HUMAN SERVICES

Public Health Service

Food and Drug Administration 10903 New Hampshire Avenue Building 66 Silver Spring, MD 20993

# AUG 12 2009

BINAX, INC. Angela Drysdale 10 Southgate Road Scarborough, ME 04074

Re: k092223

Trade/Device Name: BinaxNOW Influenza A & B Test Regulation Number: 21 CFR 866.3330 Regulation Name: Influenza Virus Serological Reagents Regulatory Class: Class I Product Code: GNX Dated: July 20, 2009 Received: July 23, 2009

### Dear Ms. Drysdale:

We have reviewed your Section 510(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act. The general controls provisions of the Act include requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration.

If your device is classified (see above) into class II (Special Controls), it may be subject to such additional controls. Existing major regulations affecting your device can be found in Title 21, Code of Federal Regulations (CFR), Parts 800 to 895. In addition, FDA may publish further announcements concerning your device in the Federal Register.

Please be advised that FDA's issuance of a substantial equivalence determination does not mean that FDA has made a determination that your device complies with other requirements of the Act

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#### Page 2 - Ms. Drysdale

or any Federal statutes and regulations administered by other Federal agencies. You must comply with all the Act's requirements, including, but not limited to: registration and listing (21 CFR Part 807); labeling (21 CFR Parts 801 and 809); medical device reporting (reporting of medical device-related adverse events) (21 CFR 803); and good manufacturing practice requirements as set forth in the quality systems (QS) regulation (21 CFR Part 820). This letter will allow you to begin marketing your device as described in your Section 510(k) premarket notification. The FDA finding of substantial equivalence of your device to a legally marketed predicate device results in a classification for your device and thus, permits your device to proceed to the market.

If you desire specific advice for your device on our labeling regulation (21 CFR Parts 801 and 809), please contact the Office of In Vitro Diagnostic Device Evaluation and Safety at [phone]. Also, please note the regulation entitled, "Misbranding by reference to premarket notification" (21 CFR Part 807.97). For questions regarding the reporting of adverse events under the MDR regulation (21 CFR Part 803), please go to http://www.fda.gov/MedicalDevices/Safety/ReportaProblem/default.htm for the CDRH's Office of Surveillance and Biometrics/Division of Postmarket Surveillance.

You may obtain other general information on your responsibilities under the Act from the Division of Small Manufacturers, International and Consumer Assistance at its toll-free number [phone] or [phone] or at its Internet address http://www.fda.gov/cdrh/industry/support/index.html.

Sincerely yours,

toly alting

Sally A. Hoivat, Ph.D. Director, Division of Microbiology Devices Office of In Vitro Diagnostic Device Evaluation and Safety Center for Devices and Radiological Health

Enclosure

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# STATEMENT OF INDICATIONS FOR USE

510(k) Number (if known): K092223

Device Name: BinaxNOW® Influenza A & B Test

#### Indications For Use:

The BinaxNOW® Influenza A & B Test is an in vitro immunochromatographic assay for the qualitative detection of influenza A and B nucleoprotein antigens in nasopharyngeal (NP) swab, nasal swab, and nasal wash/aspirate specimens. It is intended to aid in the rapid differential diagnosis of influenza A and B viral infections. Negative test results should be confirmed by cell culture.

X Prescription Use (Part 21 CFR 801 Subpart D)

AND/OR

Over-The-Counter Use _ (21 CFR 807 Subpart C)

#### (PLEASE DO NOT WRITE BELOW THIS LINE-CONTINUE ON ANOTHER PAGE IF NEEDED)

Concurrence of CDRH, Office of In Vitro Diagnostic Devices (OIVD)

Mhdd W.L. for UXS
Division Sign-Off

Division Sign-On

Office of In Vitro Diagnostic Device Evaluation and Safety

510(k) K092223

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