By Douglas B. Farquhar – When plaintiffs’ attorneys seek to recover damages because of alleged frauds committed on the federal government – obtaining massive attorneys’ fees and whistleblower bounties for doing so – they frequently argue that no claim is untimely, because of the wars in …
By Kurt R. Karst – We like simplicity. After all, it is, as Leonardo da Vinci reportedly once said, “the ultimate sophistication.” We also like simple FDA-related legislation; but that’s not something we see all too often. (We also don’t often see legislation addressing Prescription-to-Over-the-Counter (“Rc-to-OTC”) …
By Karla L. Palmer – Last week, Senator David Vitter (R-LA) introduced S. 1406, the Saving Access to Compounded Medications for Special Needs Patients Act, to amend Section 503A of the Federal Food, Drug, and Cosmetic Act. The amendment addresses confusion over a compounding pharmacy’s “distribution” of …
By John A. Gilbert, Jr. – After more than four months without any substantive registrant decisions, the Drug Enforcement Administration (“DEA”) published 11 administrative decisions within two days last week. Among these are two related cases involving allegations that a pharmacist failed to verify a prescriber DEA …
By Riëtte van Laack – Where’s the beef? It’s in a recent announcement from the USDA Food Safety and Inspection Service (“FSIS”) concerning finalized labeling requirements for mechanically, blade- or needle-tenderized beef. Under the new rule, published on May 18, 2015, raw or partially cooked mechanically tenderized …
By Karla L. Palmer – In addition to FDA’s request for nominations for bulk substances that may be used by outsourcing facilities for compounding animal medications (here) and draft guidance on compounding animal drugs from bulk substances (here), FDA also announced earlier this week that it is seeking comments on specific …
By Kurt R. Karst – On May 19th, the House Committee on Energy and Commerce took up consideration of the 21st Century Cures Act. The bill, H.R. 6, is a 309-page behemoth that was officially introduced on May 19th, and is the fourth iteration of the …
By Karla L. Palmer – Notwithstanding recognizing that sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act (FDCA) apply to compounding of human drug products, earlier this week the Food and Drug Administration (FDA) issued draft guidance on animal drug compounding, including compounding by section 503B outsourcing facilities. FDA …
By Karla L. Palmer – The Food and Drug Administration (FDA) announced earlier this week that it is seeking nominations for bulk substances that may be used by outsourcing facilities to compound drugs for use in animals. FDA will ultimately include the listed substances in Appendix …
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 …
By Kurt R. Karst – Each month we pore over the latest Orange Book Cumulative Supplement in an effort to keep our popular 180-Day Exclusivity Tracker as current as possible, and to look for interesting precedents. Last month, one entry in particular caught our attention. It …
By Jennifer D. Newberger – In March 2012, FDA issued a guidance document, Factors to Consider when Making Benefit-Risk Determinations in Medical Device Premarket Approval and De Novo Classifications. As we discussed in our blog post on that guidance, one important discussion in that guidance had …
By Ricardo Carvajal - The AP reports that USDA has developed a Process Verified Program (PVP) claim for non-GMO corn and soybeans, at the request of “a leading global company.” The PVP claim was approved under a program operated by USDA’s Agricultural Marketing Service. The program provides …
By James E. Valentine* & Alexander J. Varond – After giving us a few months to shake our sticks at the nearly 400-page 21st Century Cures Act (the Cures Act) discussion draft, the House Energy and Commerce Committee (the Committee) dropped a 200-page version that was …
By James C. Shehan – Of the three FDA final guidances that FDA recently released (here, here and here), the Questions and Answers guidance has received the most attention (see our previous post here). But our perusal of the ScientificConsiderations in Demonstrating Biosimilarity to a Reference …
