[Code of Federal Regulations] [Title 21, Volume 8] [Revised as of April 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 21CFR895.20] [Page 547] TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 895_BANNED DEVICES--Table of Contents Subpart A_General Provisions Sec. 895.20 General. The Commissioner may initiate a proceeding to make a device a banned device whenever the Commissioner finds, on the basis of all available data and information, that the device presents substantial deception or an unreasonable and substantial risk of illness or injury that the Commissioner determines cannot be, or has not been, corrected or eliminated by labeling or by a change in labeling, or by a change in advertising if the device is a restricted device. [44 FR 29221, May 18, 1979, as amended at 57 FR 58405, Dec. 10, 1992]