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  • Prescription Drugs and Biologics

    • Sixth Circuit Affirms Steep Sentence in FDC Act Counterfeiting CaseFebruary 9th, 2026

      As prosecutions for manufacturing and distributing counterfeit drugs continue to rise with enhanced investigatory tools and federal statutes (see DEA’s recent announcement on “Operation Meltdown”), courts are grappling with how to fashion appropriate sentences.  Last week, the Sixth Circuit Court of Appeals affirmed the 90-month …

    • FDA’s Getting its Fix: The Consolidated Appropriations Act of 2026February 6th, 2026

      As some of you know, tucked inside the Consolidated Appropriations Act of 2026, was some legislation that FDA has been pushing for quite some time.  In addition to the incredibly important renewal of the Rare Pediatric Disease Priority Review Voucher program (blog on that forthcoming), …

    • FDA Signals Flexibility with Recent Single-Arm ApprovalsJanuary 26th, 2026

      On January 12th, FDA approved Zycubo (copper histidinate) injection as the first treatment for Menkes disease in pediatric patients.  Menkes disease is a rare, congenital X-linked genetic disorder characterized by impaired copper absorption, leading to severe copper deficiency, progressive neurologic deterioration, and death in early …

    • ACI’s 44th Annual FDA Boot CampJanuary 23rd, 2026

      The American Conference Institute’s (“ACI”) FDA Boot Camp returns March 25-26, 2026, at the New York City Bar, New York, NY.  This foundational training brings together life sciences attorneys, in-house counsel, and compliance professionals to dissect FDA law, policy, and enforcement trends. What You’ll Gain: A clear …

    • SCOTUS to Hear Skinny Label DisputeJanuary 22nd, 2026

      The skinny label has hit the big time.  Last week, the Supreme Court agreed to hear Hikma v. Amarin to address the burning question of whether a carve-out induces infringement.  As of now, the Federal Circuit has been very clear that a carve-out can induce …

    • ACI’s 3rd Annual Life Sciences AI SummitJanuary 14th, 2026

      Artificial Intelligence (“AI”) in the life sciences has moved from pilot to production, across discovery, trials, and post-market.  With the EU AI Act taking effect, evolving FDA expectations, and looming litigation and enforcement risk, getting it right has never mattered more. Join the American Conference Institute …

    • FDA is Open to the Idea of Possible Regulatory Flexibility for Cell and Gene Therapies on a Case-by-Case Basis…Where AppropriateJanuary 13th, 2026

      Yesterday, FDA announced “Flexible Requirements for Cell and Gene Therapies to Advance Innovation.”  This regulatory flexibility, FDA hopes, will be “helpful in expediting product development and will help guide the FDA’s evaluation of development strategies in preparation for a Biologics License Application (BLA) submission.” The announcement …

    • MFN Drug Pricing Update: After GENEROUS, GUARD and GLOBE Issue From CMS’s Innovation Center – Part IIJanuary 6th, 2026

      Yesterday, we posted Part I of our update on CMS’s proposed regulations to establish two most favored nation (MFN) demonstration models under Medicare Parts B and D, focusing on the Part D model, called Guarding U.S. Medicare Against Rising Drug Costs (GUARD).  In this post, we …

    • MFN Drug Pricing Update: After GENEROUS, GUARD AND GLOBE Issue From CMS’s Innovation Center – Part IJanuary 5th, 2026

      In November, we posted that the New Year would be bringing us GENEROUS, a new Medicaid demonstration model initiated through CMS’s Center for Medicare and Medicaid Innovation (CMMI), which will permit drug manufacturers to enter into voluntary agreements with state Medicaid programs to provide most …

    • Calling VC Firms: FDA Wants to Work With YouDecember 29th, 2025

      FDA wants to capitalize on the talent of venture capital (VC) firms that are developing innovative solutions that can be applied to FDA’s public health mission. On December 17, 2025, FDA issued a Request for Information (RFI) for its FIRE program, which stands for “Foundational …

    • FDA’s New Medical Gas Guidance Is No Laughing MatterDecember 19th, 2025

      FDA recently published draft guidance explaining how medical gas manufacturers should comply with new regulations that become effective today, December 18, 2025. As an early gift for the holidays, the industry is getting its own set of Current Good Manufacturing Practices (cGMPs). These cGMPs were …

    • When is an Approval Not an Approval? Before 1962.December 10th, 2025

      Priority Review Vouchers (PRV) are incredibly valuable—several have sold for hundreds of millions of dollars.  Which is why it makes sense that Sun Pharma Advanced Research Co. Ltd. and Sun Pharmaceutical Industries, Inc. went to the mat fighting FDA for a PRV for phenobarbital.  And …

    • Fabiola Cervantes-Gomez, Ph.D. Joins Hyman, Phelps & McNamara, P.C. as a CMC Regulatory Expert!November 17th, 2025

      Hyman, Phelps & McNamara, P.C. (HPM) is excited to announce that Fabiola Cervantes-Gomez, Ph.D. has joined the firm as a CMC Regulatory Expert. Dr. Cervantes-Gomez brings over eight years of experience from the U.S. Food and Drug Administration’s Center for Drug Evaluation and Research (CDER), …

    • FDA Accelerates Again: The Second CNPV CohortNovember 14th, 2025

      FDA is moving with notable speed.  Less than a month after announcing its inaugural class of Commissioner’s National Priority Voucher (CNPV) winners (see our previous post), the agency has already named its second cohort. The CNPV program, designed to accelerate the review of products that advance …

    • CMS Announces GENEROUS Model for Most Favored Nation Pricing in MedicaidNovember 12th, 2025

      On November 6, 2025, the Centers for Medicare & Medicaid Services (CMS), through its Center for Medicare and Medicaid Innovation, announced the upcoming launch of the voluntary GENEROUS (GENErating cost Reductions fOr U.S. Medicaid) model, through which participating drug manufacturers can offer “most favored nation” …