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Abstract

<sec> <title>UNSTRUCTURED</title> <p>Background: Regulatory approval is often regarded as the primary prerequisite for commercialization of high-risk implantable medical devices. However, previous regulatory failures may continue to influence global market access even after a manufacturer regains domestic regulatory approval. The BellaGel breast implant case provides a unique opportunity to examine the long-term regulatory, commercial, and reputational consequences of regulatory non-compliance in the medical device industry. Objective: This review aims to analyze the regulatory implications of the BellaGel case and to explore whether regulatory approval alone is sufficient to restore physician confidence, patient acceptance, and international market competitiveness. The study further examines the challenges associated with global market re-entry under contemporary regulatory frameworks, including those of the Korea Ministry of Food and Drug Safety (KMFDS), the U.S. Food and Drug Administration (FDA), the European Union Medical Device Regulation (EU MDR), and China's National Medical Products Administration (NMPA). Methods: A narrative review was conducted using publicly available regulatory documents, judicial decisions, governmental safety communications, and peer-reviewed literature related to breast implant regulation, the Poly Implant Prothèse (PIP) scandal, and post-market surveillance of Class III implantable medical devices. Regulatory policies and market strategies were comparatively analyzed to identify key barriers to successful market re-entry. Results: Unlike conventional product-related safety events, the BellaGel case involved regulatory non-compliance associated with unauthorized manufacturing processes and deviations from approved regulatory specifications. Although future market re-entry may remain legally feasible following regulatory approval, substantial barriers are expected to persist, including intensified regulatory scrutiny, expanded post-market surveillance requirements, increased medico-legal exposure, diminished physician confidence, and weakened international competitiveness. In particular, previous associations with the PIP incident and documented regulatory violations may continue to influence regulatory evaluation and market perception in major jurisdictions despite compliance with current technical requirements. Conclusions: Regulatory approval should not be considered synonymous with commercial recovery. For high-risk implantable medical devices, restoration of regulatory trust represents a distinct and substantially more complex process than regulatory authorization alone. The BellaGel case demonstrates that long-term commercial sustainability depends not only on technical compliance but also on institutional credibility, transparent governance, post-market evidence generation, and stakeholder confidence. This case may provide broader regulatory lessons applicable to other high-risk implantable medical devices seeking global market re-entry following significant regulatory failure.</p> </sec>

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regulatory market medical approval case

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