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Public Comment Instructions for FDA Essure Guidance

— March 7, 2016

The Department of Health and Human Services issued the following Public Comment Instructions for FDA Essure Guidance re: Docket No. FDA-2016-D-0435]. I strongly urge all E-Sisters, Mad Men of Essure, families, supporters, doctors, caregivers, friends and anyone concerned with the crime against womens’ health known as Essure to follow these instructions and let the FDA know your opinion on this important matter.

With the exception of some formatting changes (bolded or italicized comments and those put in [brackets]), this document is that which was issued by the DHHS.

Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization, Draft Guidance for Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.


SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled “Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization.”’ This draft guidance addresses the inclusion of a [black] boxed warning and a patient decision checklist in the product labeling for permanent hysteroscopically-placed tubal implants intended for female sterilization and as well as the content and format of those materials.


This draft guidance is being issued in response to information provided to FDA, including in comments made at a 2015 Panel meeting [September 24] and in comments submitted to the associated public docket, that women are not receiving or understanding information relating to the risks and benefits of this type of device. This draft guidance is not final nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by May 3, 2016.

You may submit comments as follows:

Electronic Submissions

Submit electronic comments in the following way:

Federal eRulemaking Portal:

Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on

If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”). [Below]

Written/Paper Submissions

Submit written/paper submissions as follows:

Mail/Hand delivery/Courier (for written/paper submissions):

Division of Dockets Management (HFA-305)

Food and Drug Administration

5630 Fishers Lane, Rm. 1061

Rockville, MD 20852

For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.” [Below]

Instructions: All submissions received must include the Docket No. FDA-2016-D-0435 for “Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization.”

Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

Confidential Submissions

To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission.

You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.”

The Agency will review this copy, including the claimed confidential information, in its consideration of comments.

The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on

Submit both copies to the Division of Dockets Management [Address above]. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not  be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law.

For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at:

Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to and insert the docket number, found here [Docket No. FDA-2016-D-0435] into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

Submit written requests for single copies of the guidance to:

Office of the Center Director, Guidance and Policy Development

Center for Devices and Radiological Health

Food and Drug Administration

10903 New Hampshire Ave., Bldg. 66

Rm. 5431

Silver Spring, MD 20993-0002

Send one self-addressed adhesive label to assist that office in processing your request. See SUPPLEMENTARY INFORMATION section [below] for electronic access to the draft guidance document.


Jason Roberts

Division of Reproductive, Gastro-Renal, and Urological Devices

Center for Devices and Radiological Health

Food and Drug Administration

10903 New Hampshire Ave., Bldg. 66

Rm. G218

Silver Spring, MD 20993-0002

Phone: 240-402-6400.



Female sterilization is a commonly performed surgical procedure that permanently prevents a woman from becoming pregnant by occluding her fallopian tubes. Traditionally, surgery has been performed by bilateral tubal ligation (BTL) through a laparotomy, a mini-laparotomy, transvaginal approach or at the time of cesarean delivery, and, more recently, laparoscopy. During BTL, the fallopian tubes are cut or physically occluded by using various procedures or medical instruments, such as electrosurgical coagulation, implantable clips, or rings. On November 4, 2002, FDA approved the Essure System for Permanent Birth Control, the first permanent hysteroscopically-placed tubal implant, as an alternative, non-incisional method of providing female sterilization. As the number of hysteroscopic sterilizations with such devices has increased, additional information, including reports of adverse events, has accumulated.

Some of these events have resulted in surgery and/or removal of the implants.

Significance of Guidance

This draft guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on “Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

Electronic Access

Persons interested in obtaining a copy of the draft guidance may do so by downloading an electronic copy from the Internet. A search capability for all Center for Devices and Radiological Health guidance documents is available at:

Guidance documents are also available at

Persons unable to download an electronic copy of “Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization” may send an email request for an electronic copy of the document to:

Please use the document number 1500051 to identify the guidance you are requesting.

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