BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month April 7, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Health
  • schedule 90 minutes

New FDA Digital Health Final Guidances Signaling Deregulatory Approach: General Wellness Devices, CDS Software

Regulatory Clarification of Medical Device v. Non-Device, Nuanced Examples, Stakeholder Impact

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About the Course

Introduction

This CLE webinar will provide a comprehensive overview of two recently released U.S. Food and Drug Administration (FDA) guidance documents—General Wellness: Policy for Low Risk Devices (General Wellness) and Clinical Decision Support Software (CDS)—signaling a more deregulatory approach by the agency toward digital health. The panel will examine the agency's guidance that aims to clarify distinctions between regulated and non-regulated devices, including offering clearer examples that take into account recent technological advances, and offer best practices for compliance.

Description

FDA recently signaled its move to a more deregulatory approach toward digital health when it issued updated final guidance documents, General Wellness and CDS, which supersede prior versions, and withdrew guidance on the adoption of international principles for Software as a Medical Device (SaMD). Taking into account recent technological advances, the new guidance documents aim to clarify the boundaries between products that should be regulated by FDA as medical devices and those that should not, with the goal of allowing companies more freedom to operate within this space.

The CDS guidance clarifies the scope of FDA's oversight of CDS software and when it qualifies as a medical device. The guidance describes four factors considered by FDA when evaluating whether CDS software functions may be excluded from the definition of a "medical device" and offers examples of how the agency intends to consider different kinds of software functions as either non-device or device software functions.

The General Wellness guidance describes FDA's approach to low-risk products that promote a healthy lifestyle and suggests that more products may fall under the "general wellness products" definition moving forward. The guidance provides clearer distinctions between products that qualify for clinical use and those focused on personal wellness and offers more nuanced examples.

Listen as our expert panel provides a comprehensive overview of FDA's recently issued guidance documents related to digital health regulation. The panel will discuss the potential impact on stakeholders and offer best practices for compliance.

Presented By

Nick J. Diamond
Shareholder
Greenberg Traurig LLP

As a nationally recognized member of the firm’s FDA regulatory team, Mr. Diamond focuses his practice exclusively on federal and international legal matters for businesses and products regulated by the FDA, and similar regulators in other major international markets. His regulatory practice spans research, commercialization, post-market compliance, marketing and promotion, and enforcement across all FDA-regulated products, with a primary focus on drugs, devices, and diagnostics (including digital health products). Mr. Diamond regularly counsels clients on “high-stakes” interactions with FDA, especially involving enforcement actions. His background as a trained bioethicist, combined with his experience teaching bioethics at leading academic institutions, enhances his ability to assist companies with ethical considerations that can emerge during research and product commercialization. Since 2018, Mr. Diamond has taught as an adjunct professor at the Georgetown University Law Center. He is also an accomplished writer whose work has been featured in leading law reviews, scholarly journals, and well-respected media publications worldwide.

Kelliann H. Payne
Partner
Hogan Lovells

Ms. Payne's science education and background in the medical device industry allow her to quickly understand emerging medical device technology, including digital health products, and informs her current focus on related legal and business issues. Her experience includes the development, regulation, advertising, and litigation of medical devices and digital health products, including machine learning-based clinical decision support software. Ms. Payne drafts premarket submissions for diagnostic and therapeutic medical devices, evaluates and formulates applicable regulatory strategies, and reviews the accuracy of marketing claims. She helps companies in their preclinical and clinical programs and leads due diligence reviews for investments and acquisitions. Ms. Payne is a Fortner Assistant General Counsel at QVC where she counseled internal clients on FDA and FTC regulations applicable to health, wellness, beauty, and cosmetic products.

Georgia C. Ravitz
Partner
Orrick, Herrington & Sutcliffe LLP

Ms. Ravitz focuses on matters before the FDA, counseling U.S. and international life science, healthtech and consumer product clients through all phases of the product lifecycle including strategic pre-market regulatory counseling, promotions and advertising, and post-market regulatory compliance. She also has extensive experience in assisting clients with product recalls, crisis management and government enforcement. Her practice in this sector includes assisting manufacturers, distributors, retailers and importers on all types of FDA regulated products including pharmaceuticals, medical devices and software, wearables, health and wellness products, cosmetics, cell and plant-based foods, conventional foods, ag tech, compounded drugs, and dietary supplements. Ms. Ravitz’ deep experience and ability to provide practical guidance in FDA and FDA-adjacent regulatory matters allows her to work closely with innovative companies looking to minimize regulatory burdens and maximize U.S. marketing opportunities in the life science and health tech industry verticals. She also conducts regulatory due diligence for private equity and public company transactions involving life science, medtech and innovative companies. Ms. Ravitz is a frequent speaker at conferences and events who contributes regularly to leading trade and consumer media outlets.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 7, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction: FDA's deregulatory approach generally

II. FDA guidance document: General Wellness: Policy for Low Risk Devices

A. Background

B. Impacted stakeholders

C. Key updates

D. Best practices for compliance

III. FDA guidance document: Clinical Decision Support Software

A. Background 

B. Impacted stakeholders

C. Key updates

D. Best practices for compliance

IV. Withdrawal of FDA Software as a Medical Device: Clinical Evaluation guidance

A. Stakeholder impact

V. Practitioner takeaways

The panel will review these and other important considerations:

  • Under FDA's new criteria, when is a device considered a general wellness product, and how does this impact regulation? What effect might this have on stakeholders?
  • When are CDS software functions excluded from being considered a "medical device"? What examples are provided by FDA of non-device vs. device software functions?
  • What is the significance of FDA's withdrawal of the SaMD guidance? What impact might this have on stakeholders?