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  • Medical Devices

    • You’ve Got Mail, and Twice the Time to Respond! Two Device Companies Find Themselves with 30 Business Days to Respond to FDA’s Warning LettersOctober 27th, 2025

      No company wants to be on the receiving end of a Warning Letter, which is FDA’s primary tool for communicating to a company that it has been found to be in significant violation of regulatory requirements.  Typically, a company who receives a Warning Letter must …

    • Where Have All the Good Guidance Gone?October 21st, 2025

      While this author needs no excuse to listen to Van Halen, one surprising source of inspiration came while reviewing the body of guidance documents issued by CDRH in the last year. While CDRH issued between 38 and 48 new draft or final guidance documents in …

    • RWE and AI: Hand in Hand in the Future of Regulatory Decision MakingOctober 16th, 2025

      As we previously discussed, FDA recently held two meetings that, while separate, provided a cohesive discussion of the use of Real World Evidence (RWE) and Artificial Intelligence (AI) in regulatory decision making.  The discussions during the Artificial Intelligence in Drug & Biological Product Development meeting …

    • Current Opportunities and Challenges in RWE and its Future with AIOctober 14th, 2025

      FDA’s recent support and presentations at meetings on Regulatory Submissions with Real-World Evidence: Successes, Challenges, and Lessons Learned (RWE Meeting) and Artificial Intelligence in Drug & Biological Product Development (AI Meeting) provided updates on the current status of these initiatives at FDA, while also showing …

    • HHS Divided: Can Consumers be Trusted with Low-Risk Products?October 10th, 2025

      Secretary of Health and Human Services Robert F. Kennedy, Jr., did not hide his disdain for FDA prior to his appointment, stating: FDA’s war on public health is about to end. This includes its aggressive suppression of psychedelics, peptides, stem cells, raw milk, hyperbaric therapies, chelating …

    • Request for Comments: AI-Enabled Medical DevicesOctober 3rd, 2025

      On September 30, 2025, FDA released a Request for Public Comment: Measuring and Evaluating Artificial Intelligence-enabled Medical Device Performance in the Real-World. Comments are due to the docket by December 1, 2025. The request for comments is to obtain feedback about the “current, practical approaches to …

    • How Early is Too Early? CDRH Expands Early Alert Communications for Potentially High-Risk Device RecallsOctober 1st, 2025

      On September 29, 2025, FDA announced that it would be expanding its use of “Early Alert” communications for potentially high-risk device recalls, having determined that the pilot of this program was a success. The pilot program, initiated November 21, 2024, sought to minimize the time …

    • Medical Device Weaponization: Section 232 InvestigationSeptember 30th, 2025

      On September 26, 2025, the Department of Commerce published a notice requesting public comment on “an investigation to determine the effects on the national security of imports of personal protective equipment (PPE), medical consumables, and medical equipment including devices.” 90 Fed. Reg. 46383 (Sept. 26, …

    • Ten Words We Won’t Miss: FDA Publishes Final Rule Implementing Court Vacatur of LDT RuleSeptember 22nd, 2025

      On September 19, 2025, FDA published in the Federal Register a final rule reverting the regulatory definition of “in vitro diagnostic products” (IVD products) in 21 C.F.R. § 809.3 to the text as it existed prior to the effective date of the May 2024 LDT …

    • Silicon Valley Life Sciences DayAugust 29th, 2025

      Hyman, Phelps & McNamara, P.C. (HPM) is excited to announce speakers for the program we are co-hosting with Freshfields geared toward early-stage biotech and medtech companies. This program will be a half-day, in-person event at Freshfields’ Silicon Valley office on Wednesday September 10, 2025.  HPM’s Michelle …

    • Once Bitten, Twice Shy: Recent FDA Warning Letter Takes Aim at DTC Dental LaboratoryAugust 28th, 2025

      A recent Warning Letter to a dental laboratory offering direct-to-consumer dental prosthetics highlights the ambiguous regulatory position occupied by dental laboratories and the products they produce for patients.  In June 2025, the dental laboratory Reset Technology Corporation received a Warning Letter identifying several areas of …

    • What Does a DOJ Settlement Have in Common with a Good Book? They Both can Change Your Life*August 15th, 2025

      The authors of this post are both avid bibliophiles, and keenly appreciate the hook of a good title or first sentence that draws you right in. Usually the titles of government press releases do not share this allure, but there was one recently that caught …

    • MDUFA VI Reauthorization Public Meeting Hears Many Perspectives on Device User FeesAugust 12th, 2025

      On August 4, 2025, FDA hosted a public meeting related to the reauthorization of the Medical Device User Fee Act for fiscal years 2028 through 2032 (MDUFA VI).  The FDA invited public comment on the following questions and most speakers remarks provided perspectives related to …

    • FDA Formally Rescinds the LDT Final Rule Following Defeat in CourtAugust 11th, 2025

      On August 6, 2025, the Office of Information and Regulatory Affairs (OIRA) published a notice that FDA has rescinded the Laboratory Developed Test (LDT) Final Rule that was vacated earlier this year by the U.S. District Court for the Eastern District of Texas. The rescission …

    • Silicon Valley Life Sciences DayAugust 7th, 2025

      Hyman, Phelps & McNamara, P.C. (HPM) is excited to announce a program that we are co-hosting with Freshfields geared toward early-stage biotech and medtech companies. This program will be a half-day, in-person event at Freshfields’ Silicon Valley office on Wednesday September 10, 2025, and will feature …