Inspections, Compliance, Enforcement, and Criminal Investigations
Complete Care, Inc. 07-Jan-03
Department
of Health and Human Services Public
Health Service
Food and Drug Administration
New Orleans District Office
Nashville Branch
297 Plus Park Boulevard
Nashville, TN 37217
January 7, 2003
VIA FEDERAL EXPRESS - NEXT DAY Ms. Elizabeth A. Westmoreland Mr. Robert H. Matthews, Jr. Co-Owners Complete Care, Inc. 503 Gault Avenue, South Fort Payne, AL 35968 Warning Letter No. 03-NSV- 05 Dear Ms. Westmoreland and Mr. Matthews: During an inspection by the Food and Drug Administration (FDA)
of your oxygen gas transfilling facility on December 18-23, 2002, our investigator
documented deviations from the Current Good Manufacturing Practice Regulations,
Title 21 Code of Federal Regulations (CFR) Part 211, which cause your medical
oxygen to be adulterated within the meaning of Section 501 (a)(2)(B) of the
Federal Food, Drug and Cosmetic Act (the Act). Our inspection revealed a failure to conduct an identity test
on bulk liquid oxygen and at least annually verify the reliability of your supplier?s
analysis [21 CFR 211.84(d)], no batch production records for transfilling of
liquid oxygen into cryogenic home units [21 CFR 211.1881, no quality control
unit [21 CFR 211.22(a)], inadequate Good Manufacturing Practice training of
firm personnel [21 CFR 211.25(a)], inadequate labeling accountability [21 CFR
211.125(c)], no written procedures for the warehousing of compressed oxygen
gas cylinders and liquid oxygen cryogenic home units [21 CFR 211.142(a)], and
inadequate Standard Operating Procedures [21 CFR 211.80(a)]. The inspection also revealed that your cryogenic vessels failed
to bear the required labeling. You were placing Compressed Oxygen USP labels
on Liquid Oxygen USP cryogenic home units. We are enclosing a copy of a proposed
label for your Liquid Oxygen units. Our inspection further determined that your facility was not currently
registered with FDA. Therefore, the medical oxygen transfilled by your facility
is misbranded under Section 502(o) of the Act in that it is transfilled in an
establishment not duly registered under Section 510 of the Act. Your medical
oxygen also has not been listed as required by Section 510(j) of the Act, We
are enclosing registration and listing forms for your use. The above identification of violations is not intended to be an
all-inclusive list of deficiencies. It is your responsibility to ensure adherence
to each requirement of the Good Manufacturing Practice regulations. Until the
violations are corrected, federal agencies will be informed that FDA recommends
against the award of contracts for the affected products. You should take prompt action to correct these deviations. Failure
to promptly correct these deviations may result in FDA initiating regulatory
action, including seizure and/or injunction, without further notice. Please notify this office in writing within fifteen (15) working
days of receipt of this letter of the specific steps you have taken to correct
the noted violations, including an explanation of each step being taken to prevent
the recurrence of similar violations. If corrections cannot be completed within fifteen (15) working
days, state the reason for the delay and the time within which the corrections
will be completed. Your reply should be addressed to the attention of Joseph E. Hayes,
Compliance Officer, Food and Drug Administration, 297 Plus Park Boulevard, Nashville,
TN 37217. Sincerely, /s/ Howard E. Lewis Acting Director, New Orleans District







