The Next Big Thing: Radiofrequency Identification Technology in Industries Regulated by the Food and Drug Administration

Abstract

Radio-frequency identification (RFID) is an emerging technology that could have the most significant transformative effect on the world of commerce since the Internet became available to the masses Currently, RFID has hundreds of applications including the tracking of objects, animals, and people; the effects of RFID are not only rippling throughout the United States economy, but are spurring sweeping changes in the way the world does business. The Food and Drug Administration is responsible for the oversight and regulation of approximately one-quarter of the goods and services exchanged in the United States each year. For this reason, the FDA is in the best position to monitor the impact of developments in RFID and to exercise regulatory control over its development, implementation and ongoing use. This paper first provides an introduction to the relevant technology including a description of the most common radio-frequency identification systems and examination of the market forces driving its mass-adoption. Secondly, this paper outlines the FDA’s broad scope of regulatory authority and surveys the landscape, detailing many of the applications of RFID within the industries that operate under the watchful eye of the FDA. Finally, this paper examines the numerous legal issues attendant to the use of this technology, with particular emphasis on questions of privacy.