• where experts go to learn about FDA
  • Year: 2025

    • “Radical Transparency” and “Deregulation” from Trump and RFK Jr.’s FDA . . . Unless it’s Useful to the Device IndustryMay 23rd, 2025

      Last week, FDA published a Request for Information (RFI) (here) seeking input from the public on its efforts to “to identify and eliminate outdated or unnecessary regulations.”  The Announcement raises several questions and issues for the device industry. 10-for-1 Rule and its effect on de novos.  …

    • Will FDA’s Section 804 “Enhancements” Really Speed Up Drug Imports from Canada?May 22nd, 2025

      On May 21, FDA announced “enhancements” to the Section 804 import program (SIP).  Section 804 of the Federal Food, Drug, and Cosmetic Act provides a pathway for certain prescription drug imports from Canada. The FDA news release provides that FDA is offering to pre-review SIP …

    • First Few Details on MFN Pricing Emerge from HHSMay 21st, 2025

      Following up on Donald Trump’s May 12 Executive Order on Most Favored Nation Prescription Drug Pricing (see our post here), The Department of Health and Human Services today issued a brief press release answering a few of the multitude of questions raised by the Executive …

    • Prescribing Red Flags: Pharmacists Be Wary of What the Doctor OrdersMay 20th, 2025

      Last month the U.S. Attorney’s Office for the Northern District of Illinois announced that Walgreens agreed to pay up to $350,000,000 to resolve allegations that its pharmacies illegally filled millions of invalid prescriptions for opioids and other controlled substances in violation of the federal Controlled …

    • It’s a Bird, It’s a Plane, It’s an UPDATE on Operation Stork SpeedMay 19th, 2025

      Operation Stork Speed is a go! On March 18, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) launched a significant initiative called Operation Stork Speed to bolster the availability and safety of infant formula in the United …

    • Commissioner Makary Charts a New Course for FDA at FDLI Annual ConferenceMay 16th, 2025

      Dr. Marty Makary took the stage on Thursday at the Food and Drug Law Institute’s Annual Conference, continuing the tradition of Commissioners speaking at this event, but with a tone and tempo distinctly his own. Now firmly in the chair after the agency’s controversial RIFs—which he …

    • HP&M’s Sophia Gaulkin to Present at Life Sciences Pricing & Contracting USA SummitMay 16th, 2025

      Hyman, Phelps & McNamara, P.C. is pleased to announce that Sophia Gaulkin will be presenting and speaking on an expert panel at Informa Connect’s annual Life Sciences Pricing & Contracting USA Summit, which is being held virtually and in-person in Philadelphia on May 19-21. Ms. Gaulkin’s presentation, Product Price …

    • FDA Begins Granting Advanced Manufacturing Technology DesignationsMay 15th, 2025

      In early April, Cellares became the first company to announce receipt of an Advanced Manufacturing Technology (“AMT”) designation from FDA. The designation was granted by CBER to Cellares for its automated cell therapy platform, the Cell Shuttle. We were excited to see the news and …

    • What Does the “Most Favored Nation” Executive Order Mean for Personal Use Imports?May 14th, 2025

      We are still parsing through the May 12 Executive Order (EO), “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients” and impacts this may have on the pharmaceutical industry.  We’ve blogged about Most-Favored-Nation (MFN) drug pricing and how the new EO goes well beyond the 2020 …

    • Most Favored Nation Pricing is Back – With a VengeanceMay 13th, 2025

      On September 15, 2020, I posted an article in this blog entitled “Trump Embraces International Reference Pricing in Executive Order,” which described an order in Trump’s first administration to use most-favored-nation (“MFN”) pricing as a limit on Medicare payment.  The article ended with the following …

    • Knock Knock. Who’s There? (or Quién es? or Qui est-ce? or Wer ist es?) Surprise, it’s FDA!May 9th, 2025

      On May 6, 2025, FDA announced that it planned to conduct more surprise inspections at foreign manufacturing facilities that produce foods, essential medicines, and other medical products intended for U.S. consumers. The stated goals are to ensure that “foreign companies will receive the same level …

    • Get the 4-1-1 on your 1099s: 5th and 7th Circuits Permit Paying Volume-Based Compensation to Independent Sales AgentsMay 7th, 2025

      There has been increased enforcement against medical device companies that engage in the pervasive practice of paying third party sales agents based on their volume of sales.  This scrutiny was enhanced after the Fourth Circuit’s ruling in United States v. Mallory, 988 F.3d 730 (4th …

    • Companies Shipping Chemicals: “Know the One You’re Dancing With”May 4th, 2025

      Drug Enforcement Administration (“DEA”) civil monetary settlements involving listed chemicals that do not include pseudoephedrine are rare.  Even more scarce are DEA civil settlements with non-registrants.  (By my count there have been only ten since 2000).  When one comes along, it is worthwhile to sit …

    • Access to HPM’s Free FDA Enforcement Webinar Now Available!May 1st, 2025

      Thanks to everyone who joined us today.  We are excited that you were able to join us for our discussion of enforcement under the new FDA.  We hope you enjoyed a lively conversation.  We appreciated all of the questions we received from the audience.  If …

    • Sell-Out Crowd for HPM’s Enforcement WebinarApril 29th, 2025

      We have reached maximum capacity for this Thursday’s webinar!  We are excited by the large interest in this topic, and are eager to share our insights about the latest changes impacting the FDA-regulated industry.  Registration is closed, but if you would like to be put …