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  • Prescription Drugs and Biologics

    • FDA Announces It Will Now Regulate Devices as DevicesAugust 10th, 2021

      On the heels of Genus Medical Technologies’ successful lawsuit against FDA—Genus was represented by Hyman, Phelps & McNamara PC—in both the District Court of D.C. and the Court of Appeals for the D.C. Circuit, FDA published a Federal Register Notice today (August 9) soliciting comments …

    • Facebook “Pokes” Pharma Companies, Telehealth, and Online PharmaciesAugust 6th, 2021

      We are old enough to remember the “poke” function on Facebook, and too old to remember what purpose it served.  We are similarly at a loss to understand the purpose of Facebook’s new policy requiring that pharmaceutical manufacturers, telehealth companies, and online pharmacies apply for …

    • Infrastructure Bill Set to Delay Trump-era Rebate Rule to Raise CashAugust 4th, 2021

      On Monday August 2, 2021, the Senate took up for review H.R. 3684, the Infrastructure Investment and Jobs Act, following House passage of its version last month. Although the bipartisan bill largely deals with the nation’s transportation infrastructure, Section 90006 delays the so-called “rebate rule,” …

    • ACI’s 37th Annual FDA Boot Camp (Virtual Conference)July 26th, 2021

      The American Conference Institute’s (“ACI’s”) popular “FDA Boot Camp” – now in its 37th iteration – is scheduled to take place from September 29-30, 2021 (Eastern Standard Time). The conference is billed as the premier event to provide folks with a roadmap to navigate the …

    • Maine and Nevada Update Drug Price Transparency LawsJuly 23rd, 2021

      Maine and Nevada previously enacted laws requiring drug manufacturers to report information about the pricing of their products. (See our coverage here and here). As summarized below, each state has recently updated their reporting requirements.  Both states’ new requirements will become effective in October 2021 …

    • What’s in a name? FDA Calls out Amgen for MisdirectionJuly 16th, 2021

      In case you missed it, FDA took to email and social media earlier this week (the equivalent of shouting it from the rooftops) to announce that it has notified Amgen Inc. of Neulasta (pegfilgrastim) misbranding due to false or misleading promotion.  This is OPDP’s second …

    • Biden “Promoting Competition” Executive Order Falls In Behind Drug ImportationJuly 12th, 2021

      On Friday, President Biden issued a wide ranging Executive Order seeking to address overconcentration, monopolization, and unfair competition in the U.S. economy.  Using an aptly named “whole-of-government” approach, the Order calls on the Department of Justice, the Federal Trade Commission, the Agriculture Department, the Treasury …

    • Can a CRL Be Final Agency Action: One Step Closer to Finding OutJuly 6th, 2021

      FDA has long taken the position that a Complete Response Letter (“CRL”)—a letter sent when FDA has determined that it “cannot approve” a New Drug Application (“NDA”) or an Abbreviated New Drug Application (“ANDA”) “in its present form”—is not a final agency action and thereby …

    • Critics Suggest FDA Approving Aduhelm Will Erode the “Public Trust”: What About Patients’ Trust?June 24th, 2021

      For the last 13 years, this blogger has been at the center of what has now been dubbed “patient-focused drug development.” For 6 years, I served as a patient liaison within FDA in what was then called the Office of Special Health Issues.  This was …

    • What’s a Sponsor to Do?: The Curious Case of “Disputes” Over Phase 3 Study DesignJune 22nd, 2021

      End-of-Phase 2 (EOP2) is, in our view, one of the most critical moments in drug development.  It’s the moment at which a drug sponsor selects, and seeks FDA agreement on, its critical Phase 3 study parameters:  dose, eligibility criteria and endpoints, to name a few.  …

    • FDA Disease Specific Workshops: Clinical Trial Designs for Progressive Multifocal LeukoencephalopathyJune 21st, 2021

      On June 17, 2021, FDA gave notice of an upcoming public workshop focused on clinical trial designs for progressive multifocal leukoencephalopathy (PML).  PML is a rare disease that occurs when the JC virus (JCV), generally thought to lie dormant in the adult population, takes advantage …

    • Government Seeks to Dismiss Lawsuit Challenging the Canadian Drug Importation RuleJune 17th, 2021

      In October 2020, the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) published a Final Rule (which we summarized here) that implemented Section 804 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 384, to allow states and …

    • FDA Flips It and Reverses It: FDA Withdraws HHS Withdrawal of UDI GuidanceJune 9th, 2021

      While typically, FDA is responsible for setting forth its own agenda and enforcing compliance with its own regulations, the Trump Administration’s HHS, on its way out the door in late 2020, took the unusual steps of withdrawing an important FDA Compliance Policy Guide, “Marketed Unapproved …

    • FDA’s Accelerated Approval of Biogen’s Aduhelm for Alzheimer’s: A Sign of Applying the Emergency Use Standard Beyond COVID?June 8th, 2021

      Yesterday’s FDA approval of Biogen’s Alzheimer’s drug, Aduhelm (aducanumab-avwa), is historic and is of a magnitude that it may be harbinger for future Agency actions, especially in neuropsychiatric conditions.   This has been a decision we’ve been closely following.  So much so, in November, right after …

    • RAPS Wisconsin Chapter Webcast: Device Requirements for Drug-Led Combination ProductsJune 7th, 2021

      The RAPS Wisconsin Chapter is hosting a webcast on Wednesday, June 23, 2021, discussing device requirements for drug-led combination products.  Hyman, Phelps & McNamara, P.C.’s Adrienne Lenz will be the speaker.  This webcast will cover U.S. FDA requirements applicable to sponsors of drug-led drug/device combination …