• where experts go to learn about FDA
  • Véronique Li, Senior Medical Device Regulation Expert

    • FDA and Health Canada eSTAR Pilot is Open and Accepting Participant RequestsJanuary 17th, 2023

      A joint eSTAR pilot (which we previewed in November) between FDA and Health Canada has now been launched. This pilot program will test the use of a single eSTAR application submitted to both regulatory bodies. For those unfamiliar or needing a refresher, eSTAR is an interactive …

    • FDA’s Recent Update to the Digital Health Policy NavigatorDecember 21st, 2022

      In our previous blog post, we provided a flowchart for the Digital Health Policy Navigator’s process so that our blog readers can quickly review the seven steps in determining whether their product’s software functions may be potentially the focus of FDA oversight. Two days after …

    • Is my Software a Medical Device? Use the Digital Health Policy NavigatorDecember 12th, 2022

      With the explosion of health‑related software, many software developers are generating products with functionality that is subject to regulation by the Food and Drug Administration (FDA).  If you are a manufacturer of implants that go into the human body for the treatment of disease, it’s …

    • Discounts Available! Submit a Small Business Certification Request Today for a Reduced Medical Device User FeeNovember 15th, 2022

      In our last blog post, we advised medical device companies to consider applying to FDA’s Small Business Program to help with the noticeably higher user fees for FY2023. In this blog post, we provide a primer on user fees and the Small Business Program. User Fees User …

    • MedTech Conference DownloadNovember 9th, 2022

      At the latest MedTech conference held in Boston, MA from October 24-26, we heard from FDA officials and industry representatives on a range of topics. Below, we provide a snapshot of the three-day event: Update on the International Medical Device Regulators Forum (IMDRF) The IMDRF conference was …

    • Like Everything Else, Medical Device User Fees Are Not Immune to Price IncreasesOctober 21st, 2022

      If you have purchased anything in recent months or kept up with economic reports, you are familiar with the unwelcome observation: “Prices have gone up!” That could not be more true than in the area of medical device user fees. Medical Device User Fees After the Congressional …

    • Transition Plans for Covid-19 Products are Amongst CDRH FY2023 PrioritiesOctober 19th, 2022

      Last week, our blog post advised planning a transition strategy in advance of the news of the termination of the Covid-19 public health emergency. On October 17, 2022, FDA published the list of CDRH proposed guidances for FY 2023 (see here). Amongst CDRH’s highest prioritized …

    • Planning for the End of the COVID-19 Public Health EmergencyOctober 14th, 2022

      “We still have a problem with COVID. We’re still doing a lot of work on it. But the pandemic is over. If you notice, no one is wearing masks. Everybody seems to be in pretty good shape. And so I think it’s changing.” President Biden made …

    • Electronic Submission Template for Medical Device 510(k) SubmissionsOctober 6th, 2022

      Nearly one year after FDA published a draft guidance on its Electronic Submission Template for Medical Device Submissions (see our blog post here), the Agency is back to formally introduce the widespread implementation of the electronic Submission Template And Resource (eSTAR) electronic submission template for …

    • Allegations of Regulatory Misconduct Against Medical Device Manufacturers: Greater Transparency NeededOctober 4th, 2022

      Allegations of regulatory misconduct are claims that a medical device manufacturer or marketers of medical devices operate in such a way that violates the law. Allegations may include failure to register and list a medical device, promotion of a device outside the scope of its …

    • A Small Victory for Theranos – Judge Dismisses 4 Counts of Conspiracy and Wire Fraud Against Former ExecutivesMarch 2nd, 2020

      Last month, former Theranos executives, Elizabeth Holmes and Sunny Balwani, convinced U.S. District Judge Davila to throw out criminal fraud charges, while denying other defense motions (see Judge Davila’s order here). The charges allege the pair misled patients on the basis that the government can’t …

    • CDRH Misses All Kinds of GoalsFebruary 26th, 2020

      CDRH has made commitments to stakeholders about completing reviews in a timely manner. For the fiscal year (FY) 2019, though, FDA acknowledged that it missed review-time goals for evaluating product recalls and Medical Device Reports (MDRs). FDA reviewed and classified recalls in a timely fashion …

    • FDA Says That Theranos Discovery Strain Is Causing Other FDA Enforcement Efforts to Take a BackseatJanuary 16th, 2020

      About eighteen months ago, the government accused former Theranos founder Elizabeth Holmes and former Theranos president Ramesh “Sunny” Balwani of wire fraud and conspiracy, a scheme that fooled investors into providing more than $700 million to the then-promising blood-testing startup. In the latest development in US …

    • The Theranos Saga Continues: Court Requires Government to Produce DocumentsNovember 18th, 2019

      On November 5, 2019, the U.S. District Court for the Northern District of California ruled in favor of Theranos founder Elizabeth Holmes and former Theranos president Sunny Balwani, in a battle over access to government documents.  While this represents a small victory for these defendants, …

    • Changes to Existing Medical Software Policies Resulting from Section 3060 of the 21st Century Cures ActOctober 4th, 2019

      Nearly three years after Section 3060(a) of the 21st Century Cures Act amended section 520 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) by removing certain software functions from the device definition in section 201(h) of the FD&C Act, FDA has released Changes to …