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  • Drug Development

    • FDA Takes Several Steps to Strengthen the Advisory Committee Process, Including Adopting Simultaneous VotingNovember 16th, 2007

      Late last week, FDA announced several steps intended to strengthen the advisory committee process.  The announced improvements are part of a broader FDA effort to address recommendations made by the Institute of Medicine in its September 2006 report, titled "The Future of Drug Safety: Promoting …

    • Reps. Waxman and Allen and Sen. Kennedy Will Introduce Bill to Modernize the OTC Drug SystemNovember 7th, 2007

      Yesterday, Representatives Henry Waxman (D-CA) and Tom Allen (D-ME) and Senator Ted Kennedy (D-MA) announced plans to introduce the Non-Prescription Drug Modernization Act of 2007 (“NDMA”).  The bill comes in the wake of recent concern over the use of Over-the-Counter (“OTC”) cough/cold drugs in children …

    • Rep. DeLauro Requests that FDA Cease Activities to Create the Reagan-Udall FoundationNovember 5th, 2007

      Title VI of the recently-enacted FDA Amendments Act (“FDAAA”) amended the FDC Act to establish a non-profit corporation whose purpose is to advance FDA’s Critical Path Initiative to “modernize medical, veterinary, food, food ingredient, and cosmetic product development, accelerate innovation, and enhance product safety.”  (The …

    • HHS OIG Announces FY 2008 Work Plan; 9 New FDA Studies Identified, Including Clinical Trial Oversight and Off-Label PromotionOctober 30th, 2007

      The Department of Health and Human Services’ (“DHHS”) Office of Inspector General (“OIG”) recently announced its Fiscal Year 2008 Work Plan.  The OIG Work Plan, issued annually, sets forth various projects to be addressed during the coming fiscal year by the Office of Counsel to …

    • FDA Publishes Two Draft Guidance Documents on the Reporting of Serious Adverse Events Associated with OTC Drugs and Dietary SupplementsOctober 26th, 2007

      On October 15, 2007, FDA issued two Federal Register notices announcing the availability of draft guidance documents related to serious adverse event reporting for OTC drugs and dietary supplements.  The first draft guidance is titled “Postmarketing Adverse Event Reporting for Nonprescription Human Drug Products Marketed …

    • FDA Issues Request for Notification of Participation in New DTC User Fee ProgramOctober 25th, 2007

      Earlier today, FDA issued a Federal Register notice explaining the new Direct-to-Consumer (“DTC”) user fee program established by the FDA Amendments Act of 2007 (“FDAAA”) and requesting companies to notify the Agency within 30 calendar days whether they intend to participate in the program during …

    • Mass. Court Permits Pharmacy Mailing Program, But Requires Disclosure of ProfitsOctober 22nd, 2007

      Many pharmacies send letters to consumers advising them about refill or alternative products.  Generally, these “refill reminders” are paid for by pharmaceutical manufacturers.  A recent decision, however, will require more specific disclosure about the funding of such letters in the future.  The Superior Court of …

    • Congress Requires Action on FDA’s Proposed Toll-Free Number Adverse Event Reporting Labeling RuleOctober 19th, 2007

      Buried in Title V of the recently-enacted FDA Amendments Act ("FDAAA") is a provision requiring FDA, with certain limitations, to either publish final regulations to provide for the addition of a toll-free number to product labeling to report adverse events, or to make the Agency’s …

    • HPM Issues Detailed FDAAA Summary and AnalysisOctober 11th, 2007

      Earlier today, Hyman, Phelps & McNamara, P.C. issued its detailed summary and analysis of the recently-enacted FDA Amendments Act (“FDAAA”).  A copy of the summary and analysis is available here.  FDAAA reauthorizes several user fee and pediatric-related laws, and includes a host of new provisions, …

    • OIG Report Critical of FDA’s Clinical Trial OversightOctober 9th, 2007

      The U.S. Department of Health and Human Services’ Office of Inspector General (“OIG”) recently issued a report critical of FDA’s clinical trial oversight along with recommendations to improve such oversight.  Congress requested the OIG report after a series of news articles published in 2005 highlighted …

    • FDA Will Meet to Address Possible Behind-The-Counter Drug AvailabilityOctober 8th, 2007

      On October 4, 2007, FDA issued a Federal Register notice announcing that the Agency will hold a public meeting to address the possible creation of a third category of drugs for the U.S. market – so-called Behind-the-Counter (“BTC”) drugs.  Such drugs would be available without …

    • FDA Announces New Generic Drug InitiativeOctober 4th, 2007

      Earlier today, FDA announced a new initiative, called the Generic Initiative for Value and Efficiency (“GIVE”), which is intended to increase the number and variety of generic drug products.  According to Gary Buehler, R.Ph., Director of FDA’s Office of Generic Drugs (“OGD”): GIVE is an initiative …

    • WLF Asks Supreme Court to Hear Abigail Alliance Case on Access to Experimental DrugsOctober 1st, 2007

      On September 28, 2007, the Washington Legal Foundation (“WLF”) asked the Supreme Court to review the U.S. Court of Appeals for the District of Columbia Circuit’s recent ruling in Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach concerning access to experimental therapies.  …

    • Supreme Court Agrees to Hear Warner-Lambert Preemption CaseSeptember 26th, 2007

      We previously reported on several cases involving FDA-regulated products and certain preemption of state law issues.  Yesterday the Supreme Court agreed to hear (i.e., granted Cert. [see page 5]) in one of those cases – Warner-Lambert v. Kent.  The case concerns Warner-Lambert’s REZULIN (troglitazone), certain …

    • Senate Passes Omnibus FDA Reform LegislationSeptember 20th, 2007

      Late today, the U.S. Senate passed FDA reform legislation by unanimous consent.  The Senate vote follows the House’s action yesterday when it passed H.R. 3580, the FDA Amendments Act of 2007.  Earlier in the day there was some concern that the Senate vote on the …