IA #77-01, SEPTEMBER 01, 1998, IMPORT ALERT# 77-01, "DETENTION WITHOUT                     PHYSICAL EXAMINATIO
N OF EAR CANDLES", ATTACHMENT - 8/26/04


This import alert represents the Agency's current guidance to FDA field personnel regarding the manufacturer(s
) and/or product(s) at issue.  It does not create or confer any rights for, or on any person, and does not ope
rate to bind FDA or the public.


TYPE OF ALERT:	Detention Without Physical Examination (DWPE)

PRODUCT:			Ear Candles (a.k.a., Ear cones and Auricular candles).

PRODUCT CODE:	77[][][]

PROBLEMS:		Unapproved/unfiled premarket application
					Inadequate directions/warning
					Not Device Registered
					Not Device Listed
					No 510(k)
					Danger to Health

OASIS CHARGE CODES:	NO PMA; FALSE; DANGEROUS; 								
		REGISTERED; NOT LISTED; NO 510(k)

PAF:						AAP - No PMA filed
							REG - No 510(k) filed, no registration & listing
							LBL - Labeling violations

PAC:						82008

COUNTRY:				See attachment.

MANUFACTURER/
SHIPPER:				See attachment.

CHARGES:				The following charges should be used when encountering these devices:

								The articles are subject to refusal of admissi
on pursuant to Section 801(a)(3) in that:

						(1)	The articles appear to be Class III devices  under Sec
tion 513(f) without an approved application for premarket approval pursuant to Section 515(a).

					 		[Adulteration - Section  501(f)(1)(B)]
							(OASIS CHARGE CODE = NO PMA)

						(2)	The labeling for these articles appears to be false or
 misleading.

							[Misbranding - Section 502(a)]				
				    (OASIS CHARGE CODE = FALSE)

						(3)	The articles appear to be dangerous to health when use
d in the dosage or manner, or with the frequency or duration, prescribed, recommended, or suggested in      th
e labeling thereof.

							[Misbranding - Section 502(j)]
							(OASIS CHARGE CODE = DANGEROUS)

						(4) 	It appears the device establishment is subject to regi
stration under 510(c) and the initial distributor has not registered as required by 21 CFR 807.20(a)(4).

							 [Misbranding - Section 502(o)]
  							 (OASIS CHARGE CODE = REGISTERED)

						(5)	It appears the devices are not included in a list  req
uired by Section 510(j).

							[Misbranding - Section 502(o)]
							(OASIS CHARGE CODE = NOT LISTED)

						(6)	It appears that a notice or other information respecti
ng the devices was not provided to FDA, as required by Section 510(k), and the device was not found to be subs
tantially equivalent to a predicate device.

							[Misbranding - Section 502(o)]
							(OASIS CHARGE CODE = NO 510(k))

RECOMMENDING OFFICE:	Center for Devices and Radiological Health, Office of Compliance, DOEII, Dental, ENT &
 Ophthalmics Branch, HFZ-331.

REASON FOR ALERT:		The Center for Devices and Radiological Health (CDRH), has determined that "Ea
r Candles" are medical devices as defined by Section 201(h) of the Federal Food, Drug, and Cosmetic Act (The A
ct).  An Ear Candle is a hollow wax cylinder (about ten inches long) intended to remove excess ear wax.  This 
is accomplished by lighting the top of the candle-like product, and allowing it to create a vacuum to draw wax
 and other impurities from the ear.

							The product labeling is false and misleading in that  
there is no validated scientific evidence to support the efficacy of the product for its intended use.  Also, 
the label of the product contains inadequate directions for use since adequate directions cannot be written fo
r the product's purported use.  CDRH considers the product to be dangerous when used according to its labeling
, since the use of a lit candle in the proximity of a person's face would carry a high risk of causing potenti
ally severe skin/hair burns and middle ear damage.

						Additionally, there has been no premarket notification filed (
510(k)) for these products and the products appear to have been manufactured in establishments not duly regist
ered or listed with the Agency (FDA).

GUIDANCE:			When districts encounter shipments of ear candles a recommendation for detenti
on without physical examination and background information should be forwarded to DIOP, HFC-172 for inclusion 
on the attachment to this alert.  DIOP will coordinate with CDRH for concurrence.

FOI:					No purging required.

KEYWORDS:			Ear Candle, Auricular, Ear Cones, Misbranding, 				Adulte
ration, Wax

PREPARED BY:		Rosa K. Forehand, DIOP, (301) 443-6553
						Ronald L. Swann, CDRH, (301) 594-4613

DATE LOADED INTO
FIARS:				9/1/98




						ATTACHMENT TO IMPORT ALERT #77-01				
8/26/04


Kencayd Consulting (a.k.a. Candela Earcandles)
Ear Candle Supplies & Training
555 Ridley Dr.
Victoria, British Columbia, V9C 1K3
Canada
FEI#: 3000189108

Ms. Sheila Stevens (d.b.a. Superior Ear Candles
Division of J&P; Holdings)
Box 137
Parson, British Columbia
Canada
FEI#: 3000189110

Europe Cosmetiques
3471 Bld. Thimens
St. Laurent, Quebec H4R 1V5
Canada
FEI#: 3000122926

Aural
Box 1236
Kaslo, British Columbia
VOG 1MO
Canada
FEI#: 3001448775

OTOSAN									Ear Care Cone (Ear Candles)
Via Balzell  							77[][][]
75-47100 Forli, Italy				5/27/99
FEI# 3002706370


SDC Company									Ear Candles
A1, Block 1, Wen Hua Garden			77[][][]
Shennan Rd. East							8/26/04
Guangdong, China
FEI# 3004431076