FDA-Regulated Industry Guide

FDA-Regulated Industries
CDER, CDRH, CFSAN
& Beyond

The FDA oversees more than $2.8 trillion in consumer products through specialized centers — each with its own regulatory framework, submission pathways, and compliance requirements. This guide breaks down every major FDA center and what it means for your business.

Jared Clark, JD, MBA, PMP, CMQ-OE, RAC, CPGP, CFSQA

Cross-industry FDA expertise from Certify Consulting, our full-service certification and compliance practice.

4
Major FDA Centers
200+
Clients Served
100%
Audit Pass Rate
7
Professional Credentials

How the FDA Organizes Regulatory Oversight

The FDA regulates roughly 20 cents of every dollar spent by American consumers — but not through a single monolithic bureaucracy. Instead, the agency divides its jurisdiction across specialized product centers, each with its own statutory authority, compliance frameworks, and enforcement mechanisms.

Understanding which FDA center regulates your product is the first and most critical step in any compliance strategy. The center that claims jurisdiction determines everything: what regulations apply, which submission pathways are available, how your facility must be registered, what inspections you will face, and what enforcement actions the FDA can take if you fall out of compliance.

The four primary FDA product centers are CDER (Center for Drug Evaluation and Research), CDRH (Center for Devices and Radiological Health), CFSAN (Center for Food Safety and Applied Nutrition), and CBER (Center for Biologics Evaluation and Research). Each center has its own culture, its own regulatory philosophy, and its own set of expectations for the companies it oversees. A company accustomed to CDRH's device regulations will find the transition to CDER drug requirements genuinely disorienting — and vice versa.

What makes navigating this landscape particularly challenging is that many companies operate across multiple FDA centers. A pharmaceutical company launching a companion diagnostic device, a food manufacturer expanding into dietary supplements, or a biotech startup developing a drug-device combination product will find themselves answering to two or more centers simultaneously — each with different registration requirements, different GMP standards, and different pre-market submission expectations.

This is where specialized FDA consulting becomes essential. Most FDA consultants focus on a single center or product category. Jared Clark's practice at Certify Consulting spans the full scope of FDA jurisdiction, providing a rare breadth of regulatory expertise across drugs, devices, food, supplements, and biologics. Whether you are navigating your first FDA registration or managing ongoing compliance across multiple product lines, having a consultant who understands the regulatory landscape at the center level is a meaningful strategic advantage.

Jump to Your Industry

Select the FDA center that governs your product category

CDER — Center for Drug Evaluation and Research

Prescription Drugs, OTC Drugs, Generic Drugs (ANDA)

CDER is the largest of FDA's product centers and regulates the broadest range of pharmaceutical products in the United States. If your company manufactures, distributes, repackages, or relabels any human drug product — whether a branded prescription drug, an over-the-counter (OTC) medication, or a generic pharmaceutical submitted through the Abbreviated New Drug Application (ANDA) pathway — CDER is your primary regulatory authority.

Regulatory Framework Overview

CDER's regulatory authority derives primarily from the Federal Food, Drug, and Cosmetic Act (FD&C Act) and is implemented through Title 21 of the Code of Federal Regulations (CFR). The center's mandate covers the entire drug lifecycle: from pre-clinical research and clinical trials through manufacturing, marketing, and post-market surveillance. The core regulatory frameworks that CDER-regulated companies must navigate include:

  • 21 CFR Parts 210 & 211 — Current Good Manufacturing Practice (CGMP) regulations for finished pharmaceuticals, covering everything from facility design and equipment qualification to production controls, laboratory testing, and record-keeping requirements
  • New Drug Application (NDA) pathway for innovative branded drugs, requiring extensive clinical trial data demonstrating safety and efficacy
  • Abbreviated New Drug Application (ANDA) pathway for generic drugs, requiring bioequivalence studies demonstrating pharmaceutical equivalence to an approved reference listed drug
  • OTC Drug Monograph system for over-the-counter medications that conform to established monograph conditions, plus the newer OTC Monograph Reform pathway under the CARES Act
  • Drug Establishment Registration under 21 CFR Part 207, requiring annual registration and product listing for all domestic and foreign drug manufacturers

Key Compliance Requirements

CDER compliance begins with facility registration and product listing, which must be completed before any drug product enters commercial distribution in the United States. Every manufacturing establishment — including contract manufacturers, contract testing laboratories, repackagers, and relabelers — must register with FDA annually between October 1 and December 31 and pay the applicable establishment registration fee.

Beyond registration, CDER-regulated facilities must maintain rigorous CGMP compliance. This means validated manufacturing processes, qualified equipment and utilities, controlled environments, comprehensive batch records, stability testing programs, and a fully functional quality system with documented procedures for deviations, CAPAs (Corrective and Preventive Actions), change controls, and annual product reviews. FDA inspectors evaluate all of these systems during routine inspections, and any deficiency can result in FDA Form 483 observations, warning letters, or consent decrees.

Relevant credential: Jared Clark holds the CPGP (Certified Pharmaceutical GMP Professional) certification from ASQ and the RAC (Regulatory Affairs Certification) with Pharmaceuticals specialty from RAPS — the two most directly relevant credentials for CDER consulting work.

Common Consulting Needs

  • FDA facility registration and annual renewal for domestic and foreign drug establishments
  • CGMP gap assessments and remediation for facilities preparing for FDA inspection
  • Quality system development including SOPs, batch record templates, deviation systems, and CAPA programs
  • Pre-approval inspection (PAI) readiness for companies with pending NDA or ANDA submissions
  • Warning letter response and remediation for CGMP violations cited by FDA
  • Contract manufacturer qualification and audit programs for companies outsourcing production
  • OTC drug monograph compliance for over-the-counter product manufacturers

Not Sure Which FDA Center Regulates Your Product?

Jurisdictional questions are more common than you think — especially for combination products, dietary supplements with drug claims, or medical devices with biological components. Let's clarify your regulatory pathway in a free consultation.

CDRH — Center for Devices and Radiological Health

Class I/II/III Medical Devices, IVDs, Combination Products

CDRH regulates the medical device industry in the United States — an enormous sector encompassing everything from simple tongue depressors and adhesive bandages (Class I) to complex surgical robots, artificial hearts, and implantable neurostimulators (Class III). The center also oversees in vitro diagnostic devices (IVDs), radiation-emitting electronic products, and combination products where a device is the primary mode of action. If your product meets the FD&C Act's definition of a medical device, CDRH is where your regulatory journey begins.

Regulatory Framework Overview

CDRH's regulatory framework is built around a risk-based classification system that assigns every medical device to one of three regulatory classes, each with progressively stricter requirements:

  • Class I devices present the lowest risk and are subject to general controls only — establishment registration, device listing, good manufacturing practices (Quality System Regulation), labeling requirements, and adverse event reporting. Most Class I devices are exempt from pre-market notification. Examples include manual stethoscopes, elastic bandages, tongue depressors, and examination gloves.
  • Class II devices present moderate risk and require general controls plus special controls — which may include performance standards, post-market surveillance requirements, patient registries, or specific guidance documents. Most Class II devices must clear the 510(k) pre-market notification pathway by demonstrating substantial equivalence to a legally marketed predicate device. Examples include powered wheelchairs, pregnancy test kits, infusion pumps, and contact lenses.
  • Class III devices present the highest risk and typically require Pre-Market Approval (PMA) — the most rigorous regulatory pathway, requiring clinical trial data demonstrating safety and effectiveness. Examples include implantable pacemakers, coronary stents, breast implants, and high-risk IVDs for companion diagnostics.

Key Compliance Requirements

All medical device manufacturers must complete FDA establishment registration and device listing before commercial distribution. This applies to domestic manufacturers, foreign manufacturers exporting to the U.S. (who must also designate a U.S. Agent), contract manufacturers, contract sterilizers, specification developers, and repackagers/relabelers. Registration must be renewed annually between October 1 and December 31, along with payment of the annual registration fee.

Manufacturing compliance is governed by the Quality System Regulation (QSR) under 21 CFR Part 820, which requires device manufacturers to establish and maintain a comprehensive quality management system. Key QSR elements include design controls (for Class II and III devices), production and process controls, purchasing controls, corrective and preventive action (CAPA) systems, document controls, and management responsibility. The QSR is structurally similar to ISO 13485 (Quality Management Systems for Medical Devices), and many manufacturers pursue dual compliance to serve both U.S. and international markets.

For companies pursuing 510(k) clearance, the pre-market submission must demonstrate that the device is substantially equivalent to a legally marketed predicate device in terms of intended use, technological characteristics, and performance. This typically requires bench testing, biocompatibility testing (per ISO 10993), software validation (for software-containing devices), electrical safety testing (per IEC 60601 for electromedical devices), and clinical data when technological differences raise new questions of safety or effectiveness.

Combination products alert: If your product combines a device with a drug or biologic component (e.g., drug-eluting stents, pre-filled syringes, antimicrobial wound dressings), FDA's Office of Combination Products will assign a lead center based on the product's primary mode of action. This determination drives which regulatory pathway applies — and getting it wrong can add months or years to your timeline.

Common Consulting Needs

  • 510(k) pre-market notification preparation including predicate device strategy, testing protocols, and submission drafting
  • Device classification assistance and FDA pre-submission (Q-Sub) meeting support
  • Quality System Regulation (QSR) implementation and gap assessments for new and existing manufacturers
  • Establishment registration and device listing for domestic and foreign manufacturers
  • Design control implementation for Class II and III device development programs
  • IVD regulatory strategy including De Novo classification and emergency use authorization pathways
  • Post-market compliance management including MDR (Medical Device Reporting), corrections and removals, and field safety corrective actions

CFSAN — Center for Food Safety and Applied Nutrition

Conventional Food, Dietary Supplements, Infant Formula, Food Contact Substances

CFSAN regulates the safety and labeling of the vast majority of the U.S. food supply — everything except meat, poultry, and certain egg products, which fall under USDA jurisdiction. The center's regulatory scope includes conventional food products, dietary supplements, infant formula, food additives, color additives, food contact substances (food packaging materials), cosmetics, and bottled water. If your company manufactures, processes, packs, or holds food products for human consumption in the United States, CFSAN is your regulatory authority.

Regulatory Framework Overview

CFSAN's regulatory landscape was fundamentally reshaped by the Food Safety Modernization Act (FSMA), signed into law in 2011 and phased in through 2018. FSMA shifted the FDA's approach from reactive (responding to outbreaks after they occur) to preventive (requiring food facilities to identify and control hazards before they cause harm). The key regulatory frameworks governing CFSAN-regulated industries include:

  • FSMA Preventive Controls for Human Food (21 CFR Part 117) — Requires food facilities to implement a written food safety plan with hazard analysis, preventive controls, monitoring procedures, corrective actions, and verification activities. This is the primary regulatory framework for conventional food manufacturers.
  • FSMA Preventive Controls for Animal Food (21 CFR Part 507) — Parallel requirements for facilities manufacturing animal food products.
  • Dietary Supplement CGMP (21 CFR Part 111) — The GMP regulation specific to dietary supplements, covering production and process controls, laboratory operations, identity testing of incoming components, master manufacturing records, and batch production records. Notably separate from pharmaceutical CGMP requirements.
  • Infant Formula Requirements (21 CFR Part 106/107) — Among the most stringent food manufacturing standards in the U.S., requiring nutrient content specifications, quality control procedures, notification of new formulations, and recall procedures.
  • Food Facility Registration under Section 415 of the FD&C Act — Requires all domestic and foreign food facilities to register with FDA biennially (every two years during even-numbered years). Unlike drug and device registration, food facility registration is free of charge.
  • Food Contact Substance Notification (FCN) program for materials that contact food during manufacturing, packaging, or storage.

Key Compliance Requirements

CFSAN compliance starts with food facility registration, which is required before any food product can be commercially distributed in the United States. Foreign facilities must designate a U.S. Agent, and all registrations must be renewed biennially during even-numbered years between October 1 and December 31. While there is no FDA fee for food facility registration itself, the compliance infrastructure required to meet FSMA and CGMP standards represents a significant operational investment.

For conventional food manufacturers, FSMA's Preventive Controls rule is the central compliance requirement. This means developing and implementing a written food safety plan that includes a hazard analysis identifying known or reasonably foreseeable biological, chemical (including radiological), and physical hazards; preventive controls to significantly minimize or prevent those hazards; a supply-chain program for raw materials where the supplier controls the hazard; a recall plan; and monitoring, corrective action, and verification procedures. The plan must be developed or overseen by a Preventive Controls Qualified Individual (PCQI).

Dietary supplement manufacturers face a distinct set of CGMP requirements under 21 CFR Part 111. These regulations require identity testing of every incoming component (not just a certificate of analysis from the supplier), validated manufacturing processes, comprehensive batch production records, and a quality control operation that is independent from production. FDA has been increasingly aggressive in its enforcement of supplement CGMP violations, and warning letters in this space frequently cite failures in identity testing, batch record documentation, and complaint handling.

Relevant credential: Jared Clark holds the CFSQA (Certified Food Safety & Quality Auditor) certification from ASQ, validating auditing competence across food safety management systems including FSMA, HACCP, HARPC, and dietary supplement CGMP under 21 CFR Part 111.

Common Consulting Needs

  • Food facility registration and biennial renewal for domestic and foreign food manufacturers
  • FSMA food safety plan development including hazard analysis, preventive controls, monitoring procedures, and verification activities
  • Dietary supplement CGMP compliance including 21 CFR Part 111 gap assessments, identity testing programs, and batch record system implementation
  • PCQI (Preventive Controls Qualified Individual) training coordination for food safety team members
  • FDA inspection preparation for food and supplement facilities, including mock inspection programs
  • Label compliance review for food products, dietary supplements, and infant formula under FDA labeling regulations
  • Warning letter response for CGMP and FSMA violations cited during FDA inspections
  • Food contact substance notification (FCN) support for food packaging and processing equipment manufacturers

CBER — Center for Biologics Evaluation and Research

Biologics, Blood Products, Vaccines, Gene Therapy

CBER regulates biological products — a category of therapeutic products derived from living organisms, including vaccines, blood and blood components, allergenic extracts, human tissues and cellular products, gene therapy products, and certain related devices and companion diagnostics. CBER-regulated products represent some of the most scientifically complex and heavily regulated items in the FDA's jurisdiction, and the regulatory standards reflect that complexity.

Regulatory Framework Overview

CBER derives its authority from both the FD&C Act and the Public Health Service (PHS) Act, giving it a dual statutory foundation that distinguishes it from the other product centers. The Biologics License Application (BLA) is the primary pre-market submission pathway for biological products, analogous to the NDA for drugs but with additional requirements reflecting the unique manufacturing and characterization challenges of biologics. Key regulatory frameworks include:

  • Biologics License Application (BLA) — The pre-market approval pathway for biological products, requiring demonstration of safety, purity, and potency through rigorous clinical and manufacturing data. The BLA review process evaluates both the product and the manufacturing facility.
  • 21 CFR Parts 600–680 — The suite of regulations governing biological products, covering establishment standards, general biological product standards, blood and blood products, diagnostic substances, and allergenic products.
  • CGMP requirements — CBER-regulated products must comply with drug CGMP requirements (21 CFR Parts 210/211) plus additional biologics-specific manufacturing controls. The complexity of biologics manufacturing — where the product often is the process — means that process validation, facility controls, and environmental monitoring carry even greater weight than in conventional pharmaceutical manufacturing.
  • Biosimilar pathway (351(k)) — Established by the Biologics Price Competition and Innovation Act (BPCIA), this abbreviated pathway allows approval of biosimilar and interchangeable biological products based on demonstrated similarity to an FDA-approved reference product.
  • Investigational New Drug (IND) applications for clinical trials involving biological products, with CBER-specific requirements for cell and gene therapy products, including long-term follow-up studies for gene therapy recipients.

Key Compliance Requirements

CBER-regulated facilities must meet the highest tier of FDA manufacturing standards. Establishment registration is required for all biologics manufacturers, and the registration process is tied directly to the biologics licensing framework — meaning that manufacturing changes may require BLA supplements and FDA approval before implementation. This is a fundamental difference from the device world, where manufacturers have more flexibility to make manufacturing changes under their quality system.

Manufacturing compliance for biologics requires validated aseptic processing, extensive environmental monitoring programs, robust contamination control strategies, raw material qualification (including characterization of biological source materials), in-process testing at critical control points, and comprehensive lot release testing. Many biological products also require potency assays — biological tests that measure the product's functional activity — which must be validated and maintained throughout the product lifecycle.

The regulatory landscape for CBER products has been evolving rapidly, particularly in the areas of cell and gene therapy. The FDA has published numerous guidance documents addressing manufacturing requirements for regenerative medicine products, including expectations for chemistry, manufacturing, and controls (CMC) information in IND and BLA submissions. Companies developing advanced therapy medicinal products (ATMPs) face unique regulatory challenges around potency testing, comparability studies for manufacturing changes, and long-term patient follow-up requirements.

Cross-center considerations: Many CBER-regulated products involve device components (e.g., cell separation devices, diagnostic companion tests, delivery devices for gene therapy vectors). These combination products require coordination between CBER and CDRH, and the regulatory strategy must address both centers' requirements. Jared's cross-center expertise is particularly valuable in these complex jurisdictional scenarios.

Common Consulting Needs

  • Biologics establishment registration and product listing for domestic and foreign manufacturers
  • CGMP compliance for biologics manufacturing including aseptic processing validation, environmental monitoring, and contamination control strategy
  • BLA manufacturing section support including CMC documentation, process validation strategies, and facility descriptions
  • Pre-license inspection (PLI) preparation for facilities with pending BLA submissions
  • Quality system development for biologics manufacturers including deviation management, CAPA programs, and change control systems
  • Combination product regulatory strategy for products involving biological and device components
  • Warning letter remediation for biologics CGMP violations
  • Contract manufacturing oversight and quality agreements for outsourced biologics production

Why Cross-Center Expertise Matters

Most FDA consultants specialize in one center. Jared Clark's practice spans all four — and that distinction matters more than you might think.

The FDA is not one agency — it's effectively four regulatory agencies under one roof, each with its own culture, its own expectations, and its own enforcement priorities. A pharmaceutical consultant who has spent their entire career in CDER may not fully understand the design control requirements that are central to CDRH compliance. A device consultant may not appreciate the nuances of FSMA's preventive controls framework. And almost no one outside the biologics world truly understands the complexity of CBER's lot release and potency testing requirements.

This siloed expertise creates real problems for companies whose products or operations cross center boundaries. Consider these common scenarios:

  • A pharmaceutical company developing a combination product (drug + device delivery system) needs to satisfy both CDER drug CGMP requirements and CDRH design control requirements — often within the same manufacturing facility
  • A dietary supplement manufacturer expanding into OTC drugs must transition from 21 CFR Part 111 (supplement CGMP) to 21 CFR Parts 210/211 (drug CGMP) — regulations that sound similar but differ in fundamental ways
  • A medical device company adding a biological coating or component to their device triggers CBER oversight and introduces biologics-specific manufacturing requirements that the existing device quality system was never designed to handle
  • A food manufacturer launching a dietary supplement line must navigate the different registration, CGMP, labeling, and claims requirements that distinguish FSMA-regulated food from 21 CFR Part 111-regulated supplements

In each of these scenarios, having a single consultant who understands both regulatory frameworks — and can build a compliance strategy that satisfies both centers — eliminates the coordination problems, conflicting advice, and knowledge gaps that arise when companies try to manage multi-center compliance with center-specific consultants.

RAC
CPGP

Drug & Device Expertise

RAC (Regulatory Affairs Certification) with Pharmaceuticals specialty plus CPGP (Certified Pharmaceutical GMP Professional) — directly relevant to CDER and CBER consulting, with device regulatory expertise spanning all three device classes.

CFSQA
JD

Food & Supplement Expertise

CFSQA (Certified Food Safety & Quality Auditor) validates auditing competence across FSMA, HACCP, HARPC, and dietary supplement CGMP. Combined with JD credentials, this enables both compliance and legal analysis of CFSAN regulatory requirements.

Services Across Every FDA Center

Regardless of which FDA center regulates your product, we provide end-to-end consulting services from initial registration through ongoing compliance management.

Which FDA Center Regulates Your Product?

Whether you manufacture drugs, medical devices, food products, dietary supplements, or biologics — or a combination that spans multiple FDA centers — we can help you navigate the regulatory landscape. Schedule a free consultation with Jared Clark, RAC, to discuss your specific compliance needs.