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

    • 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 …

    • Decades of LDT Tension Leads to an Epic Three-Hour Oral ArgumentFebruary 20th, 2025

      The multi-decade battle over FDA’s power to regulate Laboratory Developed Tests (LDTs) had its day in court earlier this week.  On February 19, 2025, Judge Sean Jordan in the Eastern District of Texas heard oral arguments in American Clinical Laboratory Association (ACLA) and the Association …

    • DEA Pharmacy Decision Highlights Agency’s Thinking on Expert Credibility and Testimony, as well as Red Flag ResolutionFebruary 19th, 2025

      A recent DEA decision revoking the registration of a Louisiana pharmacy sheds light on the Agency’s approach to crediting one expert’s testimony over that of another expert during an administrative hearing.  The discussion of the Agency’s expectations of the form and substance of expert witness …

    • What to Expect When you are Expecting…a Government ShutdownFebruary 18th, 2025

      The government is currently funded through March 14th, 2025. Come Monday March 17th, if Congress does not pass a budget or continuing resolution, the FDA will enter a shutdown and shutter many offices and programs while Congress works out their inter-party squabbles on national priorities. …

    • Small Change: FDA’s Final Predetermined Change Control Plan (PCCP) Guidance Ditches ML and Adds Some Details, But Otherwise Sticks Closely to the DraftFebruary 14th, 2025

      FDA recently released its final guidance for Predetermined Change Control Plans (PCCPs) for Artificial Intelligence-Enabled Device Software Functions (AI-DSF). The final guidance hasn’t changed much from the draft guidance with respect to the type of modifications FDA considers applicable for a PCCP and the required …