• where experts go to learn about FDA
  • Month: January 2020

    • ACI’s 35th FDA Boot Camp – New York EditionJanuary 31st, 2020

      The American Conference Institute’s (“ACI’s”) popular “FDA Boot Camp” – now in its 35th iteration – is scheduled to take place from March 24- 25, 2020 at DoubleTree By Hilton Metropolitan, New York, NY.  The conference is billed as the premier event to provide folks with …

    • CSPI Letter Asking that FDA Act Against Misleading and Unauthorized Sugar Claims Is Followed by Class Action ComplaintJanuary 30th, 2020

      In a letter dated January 9, 2020, the Center for Science in the Public Interest (CSPI) asked FDA to take immediate enforcement action to prevent what CSPI argues are misleading and unauthorized implied “low sugar” and “reduced sugar” claims, such as “lightly sweetened” and “less …

    • California Dreaming Part 2: The Constitutional ChallengeJanuary 29th, 2020

      Back in September 2019, California passed AB 824: Preserving Access to Affordable Drugs.  That law sought to discourage “reverse-payment agreements” in which a brand manufacturer enters into a patent settlement agreement with a potential generic sponsor that involves a transfer of value from the brand …

    • HP&M’s Serra Schlanger to Present on State Drug Price Reporting LawsJanuary 24th, 2020

      Hyman, Phelps & McNamara, P.C. is pleased to announce that Serra Schlanger will present at this year’s Drug Pricing Transparency Congress, to be held in Philadelphia, PA on March 30-31, 2020.  This conference gathers stakeholders to examine the evolving landscape of state drug price reporting …

    • Offense May Not Be the Best Defense: Court Dismisses Lawsuit by Raw Pet Food Company Seeking to Invalidate CPGJanuary 22nd, 2020

      Lystn, LLC (also doing business as Answers Pet Food; Lystn) is a pet food manufacturer of raw pet food.  Lystn has been in a battle with FDA and the Colorado Department of Agriculture (CDA) since 2018 when CDA collected a sample of Lystn’s Straight Beef …

    • HP&M is Pleased to Welcome Gail Javitt to the Firm as a DirectorJanuary 17th, 2020

      Hyman, Phelps & McNamara, P.C. (“HP&M”) is pleased to announce that Gail Javitt has become its newest Director.   Many leading companies have turned to Gail for her deep knowledge, skills, experience and thought leadership on the complex regulatory issues they face while looking to innovate …

    • FDA Says That Theranos Discovery Strain Is Causing Other FDA Enforcement Efforts to Take a BackseatJanuary 16th, 2020

      About eighteen months ago, the government accused former Theranos founder Elizabeth Holmes and former Theranos president Ramesh “Sunny” Balwani of wire fraud and conspiracy, a scheme that fooled investors into providing more than $700 million to the then-promising blood-testing startup. In the latest development in US …

    • The Vanishing PMA Device Advisory Panel MeetingJanuary 15th, 2020

      Under the Federal Food, Drug, and Cosmetic Act, FDA is authorized to hold advisory panel meetings for premarket approval applications (PMAs).  While FDA originally had to hold a panel meeting for all PMAs pursuant to the Medical Device Amendments of 1976, Congress liberalized the law …

    • HP&M Files Citizen Petition Challenging FDA’s Restrictions on Pharmacogenomic DataJanuary 14th, 2020

      Over the years, we have blogged many times on FDA’s approach towards laboratory-developed tests (LDTs) (see, e.g., prior posts here, here, here, here, and here).  On October 31, 2018, FDA issued a Safety Communication relating to one particular type of LDT: pharmacogenomic (PGx) assays.  On …

    • Cert-ainly Interesting Times for the FTC at the Supreme CourtJanuary 13th, 2020

      On December 19, 2019, the Federal Trade Commission (“FTC” or the “Agency”) filed a petition for writ of certiorari in the Supreme Court seeking review of a ruling by the Seventh Circuit case FTC v. Credit Bureau Center, LLC.  A detailed overview of the background …

    • HP&M Releases 2019 Enforcement BriefingJanuary 10th, 2020

      Hyman, Phelps & McNamara, P.C. (“HP&M”) is pleased to present its annual report highlighting the leading enforcement actions from 2019 that affect the FDA- and DEA-regulated industries.  As the largest boutique law firm dedicated to serving clients in this field, we are keenly aware of …

    • Fostering Oncology Product Development for Kids with CancerJanuary 9th, 2020

      Too often, children are not included in clinical trials for new drugs, even though children may eventually be prescribed those very same drugs. This forces physicians who treat children to try and extrapolate information collected from adult trials to determine if and how to use …

    • Just before the Compliance Date, FDA Issues Final Guidance on Serving Size-Related and Miscellaneous Issues Regarding the “New” Nutrition Labeling RegulationsJanuary 6th, 2020

      As we previously reported, in 2016, FDA issued significantly revised nutrition labeling regulations for foods and dietary supplements.  The compliance date is January 1, 2020 for all entities except those with less than 10 million dollars in annual sales. The updated regulations resulted in many questions …

    • PhRMA Challenges Oregon Drug Pricing Transparency LawsJanuary 2nd, 2020

      On December 9, 2019, the Pharmaceutical Research and Manufacturers of America (PhRMA) filed a civil action in the United States District Court for the District of Oregon seeking declaratory and injunctive relief against the Acting Director of the Oregon Department of Consumer and Business Services …