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

    • Adios to Synthetic Colors in Food?March 27th, 2025

      Our good friends Virginia and West Virginia have become the first states in the nation to restrict the availability of foods containing certain synthetic colors (or in FDA parlance, certain colors subject to certification). You can read more about the particulars here and here. Although …

    • Medical Device Notification Warns of Continued Data Integrity ConcernsMarch 26th, 2025

      Last year, FDA issued a letter to the medical device industry warning medical device firms of concerns related to fraudulent and unreliable laboratory testing data in premarket submissions, which we blogged about here.  This was followed last September with warning letters issued to two Chinese …

    • Schedule III Marijuana Would Still Be Regulated MarijuanaMarch 25th, 2025

      In August 2023, the U.S. Department of Health and Human Services (“HHS”), based on the federal Controlled Substances Act’s (“CSA’s”) Eight Factor Analysis, recommended that the Drug Enforcement Administration (“DEA”) reschedule marijuana from schedule I to schedule III.  The U.S. Department of Justice subsequently conducted …

    • No ACNU Yet; Effective Date Delayed AgainMarch 24th, 2025

      On Friday, March 21, 2025, FDA announced that it was further delaying the effective date for the ACNU final rule until May 27, 2025. We wrote about the December 26, 2024 publication of the final rule (89 FR 105288) here.  Originally, the Nonprescription Drug Product …

    • The Issue with Reissue: PTE EditionMarch 19th, 2025

      Integral to the careful balance Congress struck when passing the Hatch-Waxman Amendments, the patent term extension (PTE) is intended to restore patent life that was consumed during regulatory review of an FDA-regulated product.  Even though the PTE provisions established in the Drug Price Competition and …

    • ACI’s 21st Annual Paragraph IV DisputesMarch 13th, 2025

      The American Conference Institute’s 21st Annual Paragraph IV Disputes is scheduled to take place from April 29-30, 2025 at The Altman Building in New York, NY.  Widely recognized as the industry gold standard, the conference unites leaders from brand-name and generic drug companies, alongside federal judges, the …

    • HPM Director to Moderate at FDLI’s Food and Dietary Supplement Safety and Regulation ConferenceMarch 10th, 2025

      Hyman, Phelps & McNamara, P.C. Director Ricardo Carvajal will be moderating a session at the Food and Drug Law Institute’s (“FDLI’s”) upcoming 1-day conference on Food and Dietary Supplement Safety and Regulation, scheduled to take place on March 25. Join us for timely, in-depth discussions …

    • ACI’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics & Personal CareMarch 10th, 2025

      The American Conference Institute’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care is scheduled to take place from March 27-28, 2025, at the New York City Bar Association, New York, NY.  The conference is the premier event on cosmetics and personal care products, …

    • FDA Would Like to Join You in the Sandbox When Developing AI Enabled DevicesMarch 7th, 2025

      In the past three months, FDA has released two guidance documents related to artificial intelligence (AI) enabled medical devices: (1) a final guidance titled Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence-Enabled Device Software Functions (PCCP Guidance, which we blogged about …

    • DOJ Position on Administrative Law JudgesMarch 6th, 2025

      Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs).  The statement, issued by the Department’s Chief of Staff Chad Mizelle, states in its entirety: Today the Department of Justice determined that multiple layers of removal restrictions shielding administrative law …

    • ACI’s 3rd Annual Forum on Advanced TherapeuticsMarch 3rd, 2025

      The American Conference Institute’s 3rd Annual Forum on Advanced Therapeutics is scheduled to take place from March 19-20, 2025, at the Seaport Hotel in Boston, MA.  The conference will bring together industry leaders to explore evolving market trends, regulatory frameworks, and intellectual property strategies shaping the …

    • The ICH E6(R3) Guideline: A Major Update to Good Clinical PracticeFebruary 28th, 2025

      As anticipated, the International Council for Harmonization (ICH) published the Good Clinical Practice (GCP) guideline E6(R3) Principles and Annex 1 on January 6, 2025. While ICH E6(R3) was still in the development phase, the FDA released a draft guidance in May 2023 in the form …

    • ACI’s 43rd FDA Boot Camp – New York City EditionFebruary 27th, 2025

      The American Conference Institute’s popular “FDA Boot Camp” – now in its 43rd iteration – is scheduled to take place from March 19-20, 2025, at the NY Bar Association in New York, NY . The conference is billed as the premier event to provide folks …

    • In Uncertain Times, Good Compliance and Quality Communication Habits Can Offer a Port in the StormFebruary 26th, 2025

      The ongoing DOGE-led reductions to the federal workforce and recent sweeping policy changes have spawned many questions for compliance officers and quality managers in FDA-regulated companies. How will the cuts at FDA impact inspections and enforcement? Will there be a heightened appetite for mergers and …

    • Warning Letters: An Untapped Source for Understanding When Device Changes Require a New 510(k)February 24th, 2025

      As the device industry is well aware, one of the greyest areas in device regulation (of which there are many) is determining when changes to a 510(k)-cleared device trigger the need for a new clearance.  FDA requires a new 510(k) clearance when a modification to …