FDA codifies Class II hematopoietic cell enrichment kit category; De Novo decision dates to 2023

Summary

FDA codified hematopoietic cell enrichment kits as Class II under 21 CFR 866.6120 on 9 October 2026, following the original 2023 De Novo classification. This is a pre-analytical device category, not a new MRD assay authorization.

Source Date

October 9, 2026

Source checked

October 10, 2026

Event Type

Regulatory codification

Event Date

October 9, 2026

Geography

United States

Commercial Regulatory Status

Class II with special controls; 2023 De Novo classification codified in 2026.

Related CFCM Topics

Validation; MRD; pre-analytics; Regulatory Watch

Category

Regulatory

Primary source

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Facts supported by cited sources

What changed

The final order effective 9 October 2026 adds 21 CFR 866.6120. The underlying EasySep Human Bone Marrow CD138 Positive Selection Kit classification dates to 6 November 2023 (DEN220090).

The category covers immunomagnetic enrichment before diagnostic testing. Special controls address specimen handling, enrichment performance, stability and downstream assay compatibility. The category remains subject to 510(k) requirements.

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Claims Requiring Caution

This is codification of an earlier classification, not a new 2026 approval. The kit is not intended for cell enumeration and does not itself report a health condition. No flow-cytometric MRD assay authorization is inferred.

Why It Matters

Why it matters for CFCM

Enrichment changes sample composition. Laboratories should validate the complete enrichment-plus-assay workflow and document the denominator used for reporting; enriched fractions cannot simply be interpreted as an unselected marrow measurement.

Timeline separating the 6 November 2023 De Novo classification from the 9 October 2026 codification under 21 CFR 866.6120.
Original CFCM regulatory timeline, based on FDA DEN220090 and final order 2026-20725. Credit: CFCM, 2026. Conceptual schematic; no FDA endorsement.

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