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    • ACI’s FDA Boot Camp – Medical Devices EditionMay 25th, 2016

      The American Conference Institute (“ACI”) is holding its fourth annual FDA Boot Camp – Medical Devices Edition on Thursday, July 21 to Friday, July 22, 2016 at the InterContinental Chicago Magnificent Mile, Chicago, IL. This year’s program has been revamped to provide both a “basic …

    • FDA Announces Final Regulations on Nutrition and Supplement Facts Labels and on Serving SizesMay 25th, 2016

      By Riëtte van Laack – On Friday the 20th of May, FDA announced the availability of the final regulations for nutrition labeling and serving sizes (in prepublication format).  The final regulations will be published in the Federal Register on May 27, 2016.  That date will be used …

    • FDA Rejects “Extraordinary” Position in Battle Over BUTRANS Patent Term ExtensionMay 23rd, 2016

      By Kurt R. Karst –    A recent letter decision from FDA to the Patent and Trademark Office (“PTO”) concerning the availability of a Patent Term Extension (“PTE”) for U.S. Patent No. RE 41,571 (“the ‘571 patent), a method-of-use patent listed in the Orange Book covering Purdue …

    • Join Our Team: HP&M Seeks Junior to Mid-Level AssociateMay 23rd, 2016

      Hyman, Phelps & McNamara, P.C., the nation’s largest boutique food and drug regulatory law firm, seeks a junior to mid-level associate with substantive experience in medical devices and other areas of food and drug law and regulation to assist with a growing practice.  Strong verbal …

    • FDA More Than Doubles the Number of Orphan Drug Designation Revocations OvernightMay 20th, 2016

      By Kurt R. Karst –       An FDA decision to revoke designation of a drug (or a biological product) as an orphan drug is a rare event.  (Though it’s not as rare as revocation of orphan drug exclusivity, which has happened only once – see our previous …

    • RLD Designation Citizen Petitions: One Item on Our GDUFA II Wish ListMay 18th, 2016

      By Kurt R. Karst –       The first iteration of the Generic Drug User Fee Amendments (“GDUFA”) – “GDUFA I” – is now well into Year 4 of the 5-year program, and anticipation is growing as to what the second iteration of the program – “GDUFA II” …

    • FDA Finalizes Postmarket Device Surveillance GuidanceMay 17th, 2016

      By McKenzie E. Cato* & Allyson B. Mullen – On May 16, FDA issued its final guidance document on postmarket surveillance of medical devices, “Postmarket Surveillance Under Section 522 of the Federal Food, Drug, and Cosmetic Act,” approximately five years after issuing the draft guidance. The …

    • HP&M Publishes Comprehensive Deskbook on FDA Compliance and EnforcementMay 16th, 2016

      The FDA Law Blog is pleased to announce the release of the FDA Deskbook, prepared by the attorneys at Hyman, Phelps & McNamara, P.C., the same authors who provide the expertise and analysis contained in this blog.  The FDA Deskbook is a complete resource on …

    • FDA Issues Final Guidance for Medical Foods Largely Ignoring CommentsMay 16th, 2016

      By Riëtte van Laack – FDA announced the availability of the Final Guidance for Medical Foods: “Frequently Asked Questions About Medical Foods; Second Edition.” As we previously reported, in August 2013, FDA issued a draft guidance, updating the 2007 guidance for medical foods. In the 2013 draft …

    • Congress’ Dubious Delegation of Legislative Authority to USP Standards Results in “Instructions”– But Not “Dismissal” – Related to the NECC Criminal IndictmentMay 12th, 2016

      By Karla L. Palmer – A Massachusetts United States district court judge decided last week whether the United States’ reliance on alleged violations of the United States Pharmacopeia (“USP”) compendium addressing sterility of compounded preparations was a permissible delegation of legislative power to USP to define …

    • Texas Finalizes Repeal of Medicaid Price Reporting RequirementMay 12th, 2016

      By Alan M. Kirschenbaum – Last October we reported on a proposed regulation published by the Texas Health and Human Services Commission (HHSC) to repeal a burdensome price reporting requirement for drug manufacturers under Texas Medicaid. HHSC has now finalized the proposed rule without change. See Texas …

    • ACI & CRN Co-Sponsor Forum on Dietary SupplementsMay 12th, 2016

      The American Conference Institute’s 4th Annual Legal, Regulatory and Compliance Forum on Dietary Supplements will be presented in collaboration with the Council for Responsible Nutrition, and is scheduled for June 27-28 in New York.  The Forum will feature presentations on policy initiatives, federal and state …

    • FDA Issues Much Anticipated Draft Guidance on Additive Manufactured (“3D-Printed”) DevicesMay 11th, 2016

      By McKenzie E. Cato* & Allyson B. Mullen – On May 10, FDA issued the long-awaited draft guidance, “Technical Considerations for Additive Manufactured Devices.”  In October 2014, FDA held a public workshop on AM devices, “Additive Manufacturing of Medical Devices: An Interactive Discussion on the Technical …

    • FDA’s Final Deeming Regulations Covers all “Tobacco Products”May 10th, 2016

      By David B. Clissold – On May 10, 2016, FDA published in the Federal Register the final “deeming regulation” asserting control over all tobacco products, even products that do not yet exist, meeting the broad statutory definition of a “tobacco product.” Under the Family Smoking Prevention …

    • FDA Certitudes: The Creation of an OTC Drug Monograph User Fee ProgramMay 10th, 2016

      By Kurt R. Karst –   There are general life certitudes, such as the quote attributed to Benjamin Franklin: “In this world nothing can be said to be certain, except death and taxes.”  There are also FDA certitudes we’ve come to recognize.  For example, “everything eventually goes generic” …