TL;DR

FDA clearance lets you market the device in the US. It does not make US buyers ready to buy from a company based abroad. In the first 90 days, a non-US manufacturer needs five things: establishment registration and device listing with a named US agent, a US website written to the US cleared indication, a decision on distributor or direct sales, a US contact who answers during US business hours, and one first trade show chosen for its buyers.

The question non-US device teams usually ask is "we are cleared, how do we start selling?" The question underneath it is "what does a US surgeon, hospital buyer or distributor need to see before they will take a company from another country seriously?" This article answers both, in the order the work has to happen. Your regulatory team owns the filings. Marketing's job is to know they are done and to build everything a US buyer sees.

What FDA clearance does not cover for a company based outside the US

A 510(k) clearance, De Novo grant or PMA approval answers one question: may this device be marketed in the US for this indication. It does not register your factory, name your US agent, or tell a hospital how to buy from you. Those are separate steps, and some of them must be finished before the first shipment arrives.

Two points catch non-US teams most often:

Registration, device listing and a US agent: what the regulation requires

21 CFR 807.40 requires any foreign establishment that makes a device imported or offered for import into the US to register the establishment and list its devices with FDA, and to name one US agent who resides or maintains a place of business in the US. The same section says no device may be imported or offered for import unless it is listed and made at a registered establishment. What that means in practice:

One rule belongs in every marketing brief. 21 CFR 807.39 says registration or a registration number "does not in any way denote approval of the establishment or its products," and that implying official approval because of registration is misbranding. Never use "FDA registered" as a selling line, and never place a registration number where it reads like an endorsement. Buyers can check your status themselves in FDA's public registration and listing database.

What to change on your website before you promote in the US

A translated home-market site carries claims, products and proof written for another regulator.

  1. Separate US pages from the rest of the world. Build a US site or a clearly separate US section, and send US ads and US search traffic there. Keep products that are not cleared in the US off US pages and out of US ads, and ask your regulatory lead how they should appear anywhere a US visitor can reach.
  2. Rewrite claims to the US indication, page by page. Keep a note of the source for every claim. I will not re-teach claims here; start with what you can and cannot say after 510(k) clearance and the difference between cleared and approved.
  3. Check every piece of home-market proof. Testimonials, case photos and study summaries may describe uses outside the US indication, or you may not hold US rights to them.
  4. Give US visitors US details. A US phone number, business hours stated in a US time zone, quotes in US dollars, and US spelling.
  5. Use one domain and one analytics setup. Duplicate country domains and split tracking make it impossible to tell what US visitors did. Consolidate before any ad spend, so every form and call is counted in one place.
  6. Send the form to a person. A US inquiry should reach someone who can reply the same US business day.

Distributor or direct: how to decide for the US

This is a business decision first. It changes what your marketing has to do.

QuestionUS distributorDirect (your own US team)
Who owns the customer relationshipThe distributor, unless your contract says otherwiseYou
Who controls what is said about the deviceYou supply materials; the distributor's reps say the wordsYou
Who pays for local marketingOften shared, through co-op or marketing development fundsYou
What your website must doTell buyers how to buy through the distributorCapture and route inquiries to your own team

The FDA side follows the choice. According to FDA's chart of who must register, list and pay the fee, an initial importer registers and pays the fee and identifies the manufacturers it imports from instead of listing devices, a domestic distributor that does not import devices does not register, and a relabeler or repackager registers and lists (21 CFR 807.20). Settle who plays which role before the contract is signed.

Two points from the marketing side:

Who answers when a US customer calls

Your US agent is not your customer contact. A US hospital or surgeon who calls needs a person who can answer questions about the product, pricing and delivery.

Choosing your first US trade show

For most non-US device companies, the first US show should be the one where the users of the device are, usually a specialty society's annual congress, not the biggest general show. How to choose where to exhibit covers the selection.

Before you commit:

GPO contracts and value analysis: what a US hospital will ask a new supplier for

Many US hospitals buy through group purchasing organizations (GPOs) and review new products through a value analysis committee before anyone can order. Treat a GPO contract as a later goal. In the first 90 days, have the information packet ready so the first interested hospital does not wait on you:

As a new supplier from outside the US, expect extra questions about where the product ships from, lead times, and whether you hold inventory in the US. Answer them in the packet. For more, see marketing to value analysis committees and getting on GPO contracts.

A 90-day order of work after clearance

Days 1 to 30

  1. Confirm with your regulatory lead that registration, listing and the US agent are done.
  2. Pull the exact cleared indication and share it with everyone who writes copy.
  3. Audit the website and every sales piece against it.
  4. Decide distributor, direct, or both.
  5. Name the US contact and publish US hours.

Days 31 to 60

  1. Publish the US pages and fix tracking so every form and call is counted.
  2. Build the hospital information packet.
  3. Give partners approved US materials.
  4. Choose the first show and start booking meetings.

Days 61 to 90

  1. Start paid search with one campaign per specialty you sell to, not one general campaign.
  2. Attend or exhibit, and follow up within the week.
  3. Review what came in: who inquired, from where, and what they asked. Change the site and campaigns to match.

What does not work when entering the US market

How Buzzbox Media helps companies entering the US

Buzzbox Media builds the part of US market entry that buyers see: a US website written to your cleared indication and reviewed with your regulatory team, tracking that counts real inquiries, US search campaigns by specialty, and your first trade show plan. We do not act as a US agent or file FDA registrations; a regulatory consultant does that. See what our medical device marketing agency work covers, or book a free consultation and bring your cleared indication.