**Draft Guidance for**

**Industry and FDA Staff**

**Class II Special Controls Guidance Document: External Penile Rigidity
Devices**

***Draft Guidance***

**This guidance document is being distributed for comment purposes
only.** []{.mark}

**Document issued on: \[release date of FR Notice\]**

Comments and suggestions regarding this draft document should be
submitted within 90 days of publication in the *Federal Register* of the
notice announcing the availability of the draft guidance. Submit written
comments to the Division of Dockets Management, (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Alternatively, electronic comments may be submitted to
<http://www.fda.gov/dockets/ecomments>. All comments should be
identified with the docket number listed in the notice of availability
that publishes in the *Federal Register*.

For questions regarding this document, contact Janine Morris at 301
594-2194 x117 or by email at JZM@cdrh.fda.gov.

**When final, this document will supersede CDRH Interim Regulatory
Policy for External Penile Rigidity Devices, September 10, 1997**

![](media/image1.png)

**U.S. Department of Health and Human Services**

**Food and Drug Administration**

**Center for Devices and Radiological Health**

**Urology and Lithotripsy Devices Branch**

**Division of Reproductive, Abdominal, and Radiological Devices**

**Office of Device Evaluation**

**Preface**

**Additional Copies**

Additional copies are available from the Internet at:
[[http://www.fda.gov/cdrh/\[specific]{.underline}](http://www.fda.gov/cdrh/%5Bspecific)
address\], or to receive this document via your fax machine, call the
CDRH Facts‑On‑Demand system at 800-899-0381 or 301-827-0111 from a
touch-tone telephone. Press 1 to enter the system. At the second voice
prompt, press 1 to order a document. Enter the document number
(**1231**) followed by the pound sign (#). Follow the remaining voice
prompts to complete your request.

Table of Contents

[**1. Background 1**](#background)

[**2. Scope 2**](#scope)

[**3. Risks to Health 3**](#risks-to-health)

[**4. Design Features 4**](#design-features)

[**5. Labeling 6**](#labeling)

[**6. Limitations of Exemption from Premarket Notification
10**](#limitations-of-exemption-from-premarket-notification)

**Draft Guidance for**

**Industry and FDA Staff**

**Class II Special Controls Guidance Document: External Penile Rigidity
Devices**

***This draft guidance, when finalized, will represent the Food and Drug
Administration\'s (FDA\'s) current thinking on this topic. It does not
create or confer any rights for or on any person and does not operate to
bind FDA or the public. You can use an alternative approach if the
approach satisfies the requirements of the applicable statutes and
regulations. If you want to discuss an alternative approach, contact the
FDA staff responsible for implementing this guidance. If you cannot
identify the appropriate FDA staff, call the appropriate number listed
on the title page of this guidance.***

# Background

Food and Drug Administration (FDA) has developed this draft guidance as
a special control guidance to support the proposed classification of the
external penile rigidity devices into class II and FDA's intent to
exempt this device type from the premarket notification (510(k))
requirements of the Federal Food, Drug, and Cosmetic Act (the Act).

This draft guidance will be issued in conjunction with a Federal
Register notice announcing the proposal to classify and exempt this
device type. This guidance is issued for comment purposes only. If a
final rule is not issued classifying the device and designating this
guidance as a special control, the guidance will not be issued.

This guidance document describes a means by which external penile
rigidity devices may comply with the requirement of Class II Special
Controls. Designation of this guidance document as a special control
will mean that manufacturers of external penile rigidity devices who
follow the recommendations or equivalent measures to address the risks
identified in this guidance, before introducing their device into
commercial distribution in the United States, will be able to market
their device without being subject to the premarket notification
requirements of section 510(k) of the Act.

Section 510(m) of the Act provides that FDA may exempt a Class II device
from the premarket notification requirements under section 510(k) of the
Act if FDA determines that a 510(k) is not necessary to provide
reasonable assurance of the safety and effectiveness of the device. FDA
may determine that a 510(k) is not necessary to provide reasonable
assurance of the safety and effectiveness of this generic type of device
if the manufacturer follows the recommendations in this special controls
guidance or equivalent measures to address the risks identified in this
guidance. Thus, persons who intend to market a device of this type do
not need to submit a 510(k) to FDA and receive agency clearance prior to
marketing the device, but as a class II device, the device must comply
with the general and special controls (Section
[513(a)(1)(B)](http://www.fda.gov/opacom/laws/fdcact/fdcact5a.htm) of
the Act).

Following the effective date of a final rule exempting the device,
manufacturers of external penile rigidity devices will need to address
the issues covered in this special control guidance. However, a
manufacturer need only show that its device meets the recommendations of
the guidance or in some other way provides equivalent assurances of
safety and effectiveness.[^1] If a manufacturer does not comply with
these recommendations or equivalent measures, it will not be exempt from
the requirements of 510(k) and will need to submit a 510(k) and receive
clearance for its device prior to marketing.

FDA\'s guidance documents, including this guidance, do not establish
legally enforceable responsibilities. Instead, guidances describe the
Agency\'s current thinking on a topic and should be viewed only as
recommendations, unless specific regulatory or statutory requirements
are cited. The use of the word *should* in Agency guidances means that
something is suggested or recommended, but not required.

# Scope

The scope of this document is limited to external penile rigidity
devices, which are proposed as 21 CFR 876.5020, product code
[LKY](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfPCD/classification.cfm?ID=3849):

> §
> [876.5020](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm)
> \-- External penile rigidity devices.
>
> External penile rigidity devices are intended to create or maintain
> sufficient penile rigidity for sexual intercourse. External penile
> rigidity devices include vacuum pumps, constriction rings, and penile
> splints, which are mechanical, powered, or pneumatic devices.
>
> **Vacuum pumps**
>
> Vacuum pumps consist of a cylinder and a vacuum pump which is either
> hand‑operated or motorized. The cylinder is placed over the flaccid
> penis and the user applies an external vacuum to cause blood to enter
> the penis and produce an erection. Once a satisfactory erection is
> obtained and before removing the vacuum cylinder, the user often
> places a constriction ring around the base of the erect penis to
> maintain the erection during intercourse. The vacuum cylinder includes
> a quick‑release mechanism to relieve vacuum suction and/or a separate
> automatic vacuum mechanism to limit vacuum strength as listed in the
> design features section of this guidance.
>
> **Constriction rings**
>
> Constriction rings are devices that are placed around the base of the
> erect penis for the duration of sexual intercourse to restrict venous
> blood flow leaving the penis. Constriction rings generally consist of
> loops of flexible, elastic material and a quick‑release mechanism to
> release constriction and remove the ring. When an erection can be
> achieved but not maintained constriction rings can be used alone, or
> when creating an erection is not possible, they are used in
> conjunction with vacuum pumps.
>
> **Penile splints**
>
> Penile splints are flexible support structures intended to be attached
> to or placed along the penis to hold the penis erect during sexual
> intercourse. Penile splints include a quick‑release mechanism to
> enable quick removal.

**External penile rigidity devices do not include intended uses such
as:**

-   mechanical penile extenders

-   foreskin remodeling or restoration

    -   penile enhancement, such as penis enlargement

    -   treatment of diseases or conditions of the penis with respect to
        curvature and other penis deformities, e.g., Peyronie's Disease.

-   prevention or reversal of erectile dysfunction/impotence

-   retaining a condom on the penis.

Devices intended for the uses listed above raise new questions of safety
and effectiveness and we believe they can not be found substantially
equivalent to external penile rigidity devices that are described in
this guidance document. The Urology and Lithotripsy Devices Branch is
available to discuss any questions you may have concerning such devices.

# Risks to Health

FDA has identified the following risks to health associated with the use
of the external penile rigidity devices in the table below. FDA
recommends the following measures to mitigate the identified risks in
this guidance, as shown in the table below.

**Table 1. Identified Risks and Recommended Mitigation Measures**

  -----------------------------------------------------------------------
  **Identified risks**              **Recommended mitigation measures**
  --------------------------------- -------------------------------------
  Tissue injury, trauma, or         Design Features (Section 4)\
  infection (user and user's        Labeling (Section 5)
  partner)                          

  Aggravation of existing medical   Labeling (Section 5)
  conditions such as Peyronie's     
  disease, priapism, and urethral   
  strictures                        
  -----------------------------------------------------------------------

FDA believes that conformance with the recommendations in this guidance
document, when combined with the general controls of the Act, will
provide reasonable assurance of the safety and effectiveness of the
external penile rigidity devices. We recommend that manufacturers
evaluate their devices as described below and, where appropriate,
document the results in their design history files as a part of the
Quality Systems Requirements ([21 CFR
820.20](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=820.20)).

[]{.mark}

# Design Features

We recommend that external penile rigidity devices have the design
features described below. We believe these features will minimize the
potential risk of injury to the user.

> **Design Features for Vacuum Pumps\
> **
>
> **Manual Safety Mechanism** -- A vacuum device should include a
> manually operated mechanism to quickly release the vacuum pressure.
> The design should not include design features for extended continuous
> use.\
> \
> **Vacuum Level** -- Vacuum pumps typically draw a vacuum of less than
> 17 inches of mercury. If the vacuum range of a new device differs
> substantially from that specification, manufacturers should conduct
> studies to establish the acceptability of the vacuum drawn by their
> device.[^2] Tests should be performed to verify the maximum vacuum
> level. The device should include an automatic safety valve to limit
> vacuum pressure to safe levels.
>
> **Shape and Surface Design** -- Vacuum pumps should have smooth
> surfaces and shapes. Vacuum pumps should not include design features
> that promote extended application and use of the device beyond the
> limited time needed to draw a vacuum and to create an erection.
>
> **\
> Electrical Safety** -- An electrically powered vacuum device should
> have adequate electrical isolation between the user and the power
> source of the device. The device leakage current should not exceed a
> safe limit according to the standard [IEC 60601‑1, Medical Electrical
> Equipment - Part 1: General Requirements for Safety
> (General)](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfStandards/Detail.CFM?STANDARD__IDENTIFICATION_NO=1645).
>
> **Design Features for Constriction Rings\
> **
>
> **Manual Safety Release Mechanism** -- The device should have a simple
> and quick method to manually release the device. Quick release
> mechanisms for constrictive devices should include a sufficiently wide
> tab, handle, loop, or other means for the user to eliminate continued
> application of constrictive pressure and remove the device. The design
> should not include design features for extended continuous use.
>
> **Pliable Materials** -- The materials used in constriction rings
> should minimize the potential for injury to the user or partner by
> using soft and pliable materials. The materials used should not cause
> adverse tissue reaction with respect to cytotoxicity, sensitization,
> or irritation conforming to [International Standard Organization
> Standard (ISO) Standard ISO-10993, \"Biological Evaluation of Medical
> Devices Part 1:  Evaluation and
> Testing\"](http://www.fda.gov/cdrh/g951.html) for a limited duration,
> skin contacting device.
>
> **Shape and Surface Design** -- Constriction rings should include a
> smooth shape and surface design to minimize protrusions and pressure
> points to the user and partner. Constriction rings should avoid design
> features that promote use of the device beyond 30 minutes.
>
> **Design Features for Penile Splints**
>
> **Manual Safety Mechanism** -- The device should have a simple and
> quick method to easily release and remove the device manually. The
> design should not include design features for extended continuous use.
>
> **Pliable Materials** -- Soft and pliable materials should be used in
> penile splints to help minimize the potential for injury to the user
> or partner. The materials used should not cause adverse tissue
> reaction with respect to cytotoxicity, sensitization, or irritation
> conforming to [International Standard Organization Standard (ISO)
> Standard ISO-10993, \"Biological Evaluation of Medical Devices
> Part 1:  Evaluation and Testing\"](http://www.fda.gov/cdrh/g951.html)
> for a limited duration, skin contacting device.
>
> **Shape and Surface Design**-- Penile splints should include a smooth
> shape and surface design. Penile splints should be designed to not
> constrict the penis.

# **Labeling**[^3] 

The following suggestions are aimed at assisting manufacturers in
preparing labeling that satisfies the requirements of 21 CFR Part 801.

> **Instructions for Use**
>
> The instructions for use should contain comprehensive instructions
> with adequate illustrations regarding how to size, place, operate,
> remove, and clean the device.[^4] The instructions should also include
> a general descriptive overview of the entire system, including
> diagrams of the system and its major components and a description of
> each safety feature. The first page of the instructions for use should
> include a statement that the user should read the instructions before
> using the device. Please see also Attachment 1 for an example of
> patient information.
>
> The instructions for use should be written and formatted so as to be
> easily read and understood by the layman (i.e., 8^th^ grade reading
> level) with any medical or technical words either replaced with terms
> understood by the layman or defined in a glossary. We recommend that
> the instructions for use include the following sections:

-   a table of contents

-   a brief description of the device and its intended use

-   a section that lists all potential risks and hazards associated with
    using the device

-   a list of warning statements and their consequences to emphasize the
    importance of following them

-   an instructions for use section

-   a troubleshooting section (Attachment 1 provides a suggested content
    and format)

-   a glossary of any medical or technical terms used in the
    instructions.

> **Warnings**
>
> In addition to the information above, FDA recommends that labeling
> address the warnings as given in the examples below.
>
> *Delayed Diagnosis of Other Conditions*
>
> If you have symptoms of erectile dysfunction, i.e., inability to
> achieve an erection that is sufficient for sexual intercourse, consult
> your physician prior to using this device to avoid a potentially
> harmful delay in diagnosing any of the most common causes of this
> condition, such as diabetes, multiple sclerosis, cirrhosis of the
> liver, chronic renal failure, or alcoholism.
>
> *Use with Impaired Pain Perception*
>
> Do not use the device if you have decreased sensation of pain in the
> area of the penis. (This warning should inform the user that if he
> cannot feel pain, he may not know whether or not he is being injured
> by the device.)
>
> *Use with Decreased Hand Strength*
>
> Do not use the device if you have decreased hand strength, as this
> would make removal of the device difficult.

The labeling should also describe the alternative treatments such as
counseling, drug therapy, hormonal therapy, vascular surgery, and
implanted prosthetic devices. The labeling should advise the device user
to contact his physician for more information regarding these alternate
treatments.

Labeling for external penile rigidity devices should include:

-   indications for use

-   identification of the population(s) for whom the device is
    appropriate

-   warning advising the user and his partner to consult a physician if
    any complications occur and discontinue use of the device if
    complications continue

-   warning against using lubricants that may adversely affect the
    materials of the device along with examples of such lubricants

-   other contraindications, warnings, and precautions relevant to your
    device (See the example in Attachment 1. Sample patient handout for
    vacuum devices and constriction rings, December 1991, Contemporary
    Urology reprint)

-   disposable or single use status (if applicable).

> **Additional Labeling for Vacuum Pumps**
>
> In addition to the information for all external penile rigidity
> devices, FDA recommends that labeling for vacuum pumps address the
> warnings and precautions given in the examples below.
>
> **Warnings**

-   stop using the vacuum pump if pain occurs

-   do not use under the influence of alcohol or drugs, since such use
    may impair the user's judgment and increase the risk of injury to
    the penis.

-   do not use if the user has sickle cell disease, has a history of
    prolonged erections, or is taking large quantities of aspirin or
    other blood thinners, as these conditions increase the risk of
    bruising and hematoma.

-   misuse of the vacuum pump could injure the penis.

> **Precautions**

-   apply only the minimum amount of vacuum pressure necessary to
    achieve an erection; excessive vacuum pressure may bruise or injure
    the penis.

```{=html}
<!-- -->
```
-   limit use of the constriction ring to no longer than 30 minutes per
    use. (You should box or otherwise make this precaution more
    prominent than others.)

```{=html}
<!-- -->
```
-   use of a vacuum pump may bruise or rupture the blood vessels within
    the penis or scrotum, resulting in petechiae, hemorrhage, or the
    formation of a hematoma.

-   use of a vacuum pump may aggravate already existing conditions such
    as Peyronies disease, priapism, and urethral strictures.

-   if appropriate, the labeling should instruct patients not to use an
    electrically powered vacuum pump in or near water.

> **Additional Labeling for Constriction Rings**
>
> In addition to the information above for all external penile rigidity
> devices, FDA recommends that labeling for constriction rings address
> the warnings and precautions given in the examples below.
>
> **Warnings**

-   do not fall asleep while wearing the constriction ring, since
    prolonged use of the constriction ring may cause permanent injury to
    the penis.

```{=html}
<!-- -->
```
-   allow at least 60 minutes between uses, as more frequent use may
    increase the risk of injury to the penis.

```{=html}
<!-- -->
```
-   do not use constriction rings under the influence of alcohol or
    drugs, since such use may impair your judgment and increase the risk
    of injury to the penis.

-   misuse of a constriction ring may cause bruising, painful injury, or
    permanent damage to the penis.

-   constriction rings do not prevent pregnancy.

> **Precautions**

-   use of a constriction ring may aggravate already existing medical
    conditions such as Peyronie\'s disease (the formation of hardened
    tissue in the penis that causes pain, curvature, and distortion,
    usually during erection); priapism (persistent, usually painful
    erection of the penis as a consequence of disease and not related to
    sexual arousal); and urethral strictures (urethral
    [stricture](http://www.phoenix5.org/glossary/stricture.html) is an
    area of hardened tissue, which narrows the
    [urethra](http://www.phoenix5.org/glossary/urethra.html) sometimes
    making it difficult to
    [urinate](http://www.phoenix5.org/glossary/urinate.html)).

```{=html}
<!-- -->
```
-   limit use of the constriction ring to no longer than 30 minutes per
    use (You should box or otherwise make this precaution more prominent
    than others.)

-   prolonged use of the constriction ring (i.e., without removal) may
    cause permanent injury to the penis (You should box or otherwise
    make this precaution more prominent than others.)

```{=html}
<!-- -->
```
-   device use may bruise or rupture the blood vessels within the penis
    or scrotum, resulting in petechiae (a small purplish spot on a body
    surface, such as the skin or a mucous membrane, caused by a minute
    hemorrhage), hemorrhage (flow of blood from ruptured blood vessels),
    or the formation of a hematoma (localized swelling filled with blood
    resulting from a break in a blood vessel).

```{=html}
<!-- -->
```
-   use the least constrictive ring size that maintains an erection,
    since excessive constriction could injure the penis.

# Limitations of Exemption from Premarket Notification

FDA\'s decision to exempt a Class II device from the requirement of
510(k) is based on the existing and reasonably foreseeable
characteristics of devices within that generic type that currently are,
or have been, in commercial distribution. Section [21 CFR
876.9](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFRSearch.cfm?FR=876.9)
specifies the limitations to exemption. A device classified as exempt
from 510(k) requirements is not exempt, if the device:

-   is for an intended use that is different from the intended use of a
    legally marketed device in that generic type

-   operates using a different fundamental scientific technology than
    that used by a legally marketed device in that generic type.

If any of these limitations apply, your device is not exempt and you
must submit a 510(k).

**ATTACHMENT 1 -- Troubleshooting Guide**

+-----------------------------------------------------------------------+
| ***PATIENT HANDOUT***                                                 |
+-----------------------------------------------------------------------+
| **How you can manage common problems with a vacuum device**           |
+-----------------------------------------------------------------------+
|                                                                       |
+-----------------------------------------------------------------------+
| **Problem Likely cause Remedy Comments**                              |
+-----------------------------------------------------------------------+
| No erection No vacuum because of Use more lubricant; apply Problem is |
| most often\                                                           |
| air leak caused by poor firm pressure to body; trim associated with   |
| inexperience;\                                                        |
| seal pubic hair; check device for it resolves as you become **\       |
| **air leaks more adept at using the device                            |
+-----------------------------------------------------------------------+
| Partial erection Incorrect cylinder size; More practice using device; |
| Problem most often improves **\                                       |
| **incorrect insert or seal use larger cylinder insert with continued  |
| use of device\                                                        |
| ring size; not enough\                                                |
| practice sessions                                                     |
+-----------------------------------------------------------------------+
| Rapid loss of Vacuum lost because Same as for "No erection." Requires |
| that you experiment\                                                  |
| erection (in less of air leak from faulty Also: use smaller cylinder  |
| with varying sizes of seal rings, ***\                                |
| ***than 5 minutes) equipment, poor seal, insert; use smaller or       |
| double inserts, and tension bands;\                                   |
| inadequate lubrication, tension rings; remove tension see your        |
| physician if you need **\                                             |
| **or excessive pubic hair band carefully help or support to persevere |
+-----------------------------------------------------------------------+
| Delayed loss of Insufficient tension from Use smaller or combination  |
| of **\                                                                |
| **erection (after 5 to bands or rings tension rings or bands; use     |
| the\                                                                  |
| 10 minutes) two-step application method **\                           |
| **(ask your physician about this)                                     |
+-----------------------------------------------------------------------+
| Pulling of the skin Lubricant on scrotum; Remove lubricant from       |
| Problem may disappear as **\                                          |
| **of the scrotum improper pumping scrotum; use smaller insert or you  |
| become more adept at **\                                              |
| **technique; too large seal ring; use the modified using the device.\ |
| insert or seal ring; pumping technique (ask your\                     |
| inexperience with physician about this);\                             |
| system continue with practice\                                        |
| sessions; angle cylinder\                                             |
| downward during pumping                                               |
+-----------------------------------------------------------------------+
| Discomfort or pain **\                                                |
| **During pumping Too rapid pumping; Slower pumping; continue to       |
| Problem usually resolves as\                                          |
| pulling of scrotal tissue use device you become more adept at\        |
| using the device\                                                     |
| From tension Tension ring too small; Use larger tension ring; Problem |
| usually resolves as\                                                  |
| ring anxiety continue to use device you continue to use the device    |
|                                                                       |
| During Inadequate lubrication; More lubrication; position ***\        |
| ***intercourse pressure on a sensitive changes\                       |
| area\                                                                 |
| **\                                                                   |
| **During Long period of Continue to use device Problem usually        |
| resolves as\                                                          |
| ejaculation abstinence; infection or you continue to use the device;  |
| **\                                                                   |
| **inflammation of the if pain or discomfort persists,\                |
| prostate gland see your physician                                     |
+-----------------------------------------------------------------------+
| Redness, irritation, Too rapid pumping; Slower pumping; fewer Consult |
| your physician if this **\                                            |
| **or bruising over pumping pumps problem persists past the first\     |
| few practice sessions                                                 |
+-----------------------------------------------------------------------+
| Penis feels cold (to Constriction of blood Wash off lubricant or warm |
|                                                                       |
| you or your partner) flow to the penis; lubricant before use          |
|                                                                       |
| lubrication                                                           |
+-----------------------------------------------------------------------+
| Penis pivots on its Constriction of blood If manageable, apply the    |
|                                                                       |
| base flow to the penis device after you have a partial                |
|                                                                       |
| erection                                                              |
+-----------------------------------------------------------------------+
| **This instruction sheet may be photocopied without permission of the |
| publisher and given to patients.**                                    |
+-----------------------------------------------------------------------+

"A way to help your patients who use vacuum devices." Lewis JH, Sidi AA,
Reddy PK. Contemporary Urology 1991 Dec;3(12):15; 19‑21; 24. Review.
PubMed ID: 10148056.

[^1]: We recommend that manufacturers document how they address the
    recommendations of this guidance in their design history file.
    Manufacturers must maintain design controls, including a design
    history file, in accordance with [21 CFR
    820.30](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=820.30).

[^2]: We recommend that manufacturers document how they have addressed
    the recommendations of this guidance in their design history files.
    Manufacturers must maintain design controls, including a design
    history file, in accordance with [21 CFR
    820.30](http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=820.30).

[^3]: Labeling must comply with the requirements of 21 CFR Part 801
    before a medical device is introduced into interstate commerce.

[^4]: External penile rigidity devices are over‑the‑counter (OTC)
    devices, however they are often used in consultation with a
    physician. Manufacturers may elect to restrict distribution of their
    devices through professional channels and healthcare providers may
    actually prescribe these devices to patients. External penile
    rigidity devices used in consultation with a physician rely on the
    medical experience and knowledge of the physician in performing an
    evaluation of the patient, determining whether an external penile
    rigidity device is appropriate for the patient, and thoroughly
    discussing any instructions unique to that patient's circumstances.