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

    • HP&M Seeks Experienced Regulatory ExpertJuly 2nd, 2025

      Hyman, Phelps & McNamara, P.C. (HP&M) seeks to add an experienced regulatory expert to our strong and busy team of non-attorney regulatory experts.  Our team assists clients with a wide variety of quality and manufacturing regulatory topics for drugs and biologics.  Types of matters include: Developing …

    • Controlled Substance Reporting Isn’t Just for DEA AnymoreJuly 1st, 2025

      A memorable Florida Orange Growers’ television ad campaign in the late 1970s proclaimed that “Orange juice from Florida isn’t just for breakfast anymore.” The Federal Controlled Substances Act (“CSA”) and its regulations require Drug Enforcement Administration (“DEA”) registrants to submit certain reports related to narcotic …

    • The RFD Process: Time for Reform?June 30th, 2025

      The Federal Food, Drug, and Cosmetic Act (FD&C Act) has very different regulatory regimes for pharmaceutical products than devices. Knowing how a product will be regulated is essential to companies. The means to gaining that knowledge for combination products or single entity products where the …

    • New Report on Patent Litigation Settlements Says that they are Critically Necessary to Ensure Prompt Generic and Biosimilar Market EntryJune 26th, 2025

      Earlier this month, the Association for Accessible Medicines and its Biosimilars Council (“AAM”) announced (here and here) the release of a report, titled “Assessment of the Impact of Settlements,” examining the effects of patent litigation settlements on patient savings and access to generic drugs and …

    • FDA Issues Proposed Order to Facilitate Minor Changes to Solid Oral Dosage Forms to OTC Monograph Drugs, but Such Changes May Come at a PriceJune 26th, 2025

      On June 5, 2025, FDA announced two proposed monograph orders: 1) Proposed order OTC000038 proposes to make it easier to make (minor) changes to solid oral dosage forms not currently permitted under the specific order, and 2) proposed order OTC000037 proposes to require that certain …

    • Last Friday was a Good Day for Those Who Want to Litigate Against the Federal GovernmentJune 23rd, 2025

      Last Friday, the Supreme Court delivered a trio of decisions making it easier to litigate against the federal government.  The facts and law in each case matter, and as is often the case when the Supreme Court “decides” an issue, much remains to be seen.  …

    • FDA’s New Priority Voucher Pilot Program Has Landed: CNPVJune 19th, 2025

      After teasing a new rapid review pilot program for the past few weeks, on June 17, 2025, FDA officially announced the Commissioner’s National Priority Voucher (“CNPV”) program to expedite new drug and biologic (but not device or drug-device combination product) reviews.  As described in the …

    • DEA Cranks Out Updated Special Surveillance List and Proposed Regulatory ActionsJune 11th, 2025

      Special Surveillance List of Chemicals, Products, Materials and Equipment Updated A “laboratory supply” is any List I or List II chemical, or any chemical, substance, or other item on a special surveillance list published by the Attorney General (delegated to the Drug Enforcement Administration (“DEA”)) of …

    • Clinical Research Representation: Pass it OnJune 10th, 2025

      Thirty two years ago today, on June 10, 1993, Congress passed the landmark National Institutes of Health (NIH) Revitalization Act to remedy historical exclusion of women and minorities from research participation.  The law directed the NIH Director to ensure the inclusion of women and minorities …

    • Here FTC Goes Again on Its OwnJune 9th, 2025

      It was about a year and a half ago that we first proclaimed mass hysteria when FTC crossed streams into FDA territory, but perhaps our cries were premature.  As we mentioned last year, a large number of the drug companies targeted by FTC in its …

    • Time is Money and Money is Time…What is an SBD Worth?June 6th, 2025

      We have written many posts (here, here, here, and more) about the impact of the reductions in force (RIFs) on various activities across FDA. One area where the RIFs are beginning to have an impact is with respect to Small Business Determination (SBD) requests submitted …

    • The MAHA Assessment’s Implications: Drugs (Part One)June 5th, 2025

      Among other things, EO 14212 established the Make America Healthy Again (MAHA) Commission (with HHS Secretary Kennedy as its Chair) and tasked it with a tall order: submission to the President of an Assessment that tackled 10(!) complex public health issues within 100(!) days. Perhaps …

    • Two “Unresolvable” Prescribing/Dispensing Red Flags UnfurledJune 4th, 2025

      We appreciate receiving feedback on our blog posts.  We received a response to our post on the prescribing red flags indicating the likelihood of certain prescriptions filled by Walgreens pharmacies “were invalid because they lacked a legitimate medical purpose or were not issued in the …

    • FDA Abandons Its Defense of the LDT Rule, But is It Signaling an Increase in RUO Scrutiny?June 3rd, 2025

      At midnight on Friday, May 30, 2025, the government’s deadline to notice an appeal from the U.S. District Court for the Eastern District of Texas’s decision vacating the LDT Rule lapsed without the government doing so. This means the District Court decision stands, with no …

    • Senator Durbin Has Questions About FDA’s “Operational Capacity” to Oversee DTC Prescription Drug Advertising Amid Workforce Reductions – Don’t We All?June 2nd, 2025

      In a recent letter to FDA Commissioner Dr. Martin Makary, U.S. Senator Dick Durbin (D-IL) expressed concerns over the agency’s ability to regulate direct-to-consumer (“DTC”) prescription drug advertisements following recent workforce reductions.  In his letter, Senator Durbin highlighted FDA’s critical role in ensuring that pharmaceutical …