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Ready, Set, START – 7 Programs Selected for FDA’s START Rare Disease Pilot...

By Sarah Wicks & Charles D. Snow & James E. Valentine & Frank J. Sasinowski —Hyman, Phelps & McNamara (HPM) would like to congratulate the 7 rare disease programs selected for the...

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Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents

By Sara W. Koblitz —As we have noted for the last year or so, the FTC has been on a mission to clean up the Orange Book by removing what it deems to be “improper” patents.  The FTC has put out policy...

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OPQ’s State of Pharmaceutical Quality Report Is a Data Bonanza (with Cameos...

By Kalie E. Richardson & John W.M. Claud —FDA’s Office of Pharmaceutical Quality (OPQ) in the Center for Drug Evaluation and Research (CDER) is charged with assuring that drugs marketed in the U.S....

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DEA’s Expected Guidance: It Should Reduce Current “Pain” at the (Intrathecal...

By John A. Gilbert & Karla L. Palmer —For more than 50 years, the Drug Enforcement Administration (DEA) has enforced the central mandate of the Controlled Substances Act (CSA) to maintain a closed...

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HPM Director Dara Katcher Levy to Present Webinar on AMCP Format for...

This afternoon Hyman, Phelps & McNamara, P.C. (HPM) Director Dara Katcher Levy will present an informative webinar on the newly released AMCP Format for Formulary Submissions version 5.0. The...

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The Interchangeables Are A-Changin’: New FDA Guidance Proposes Eliminating...

By Sara W. Koblitz —In a short but sweet Guidance issued last week, FDA proposed a dramatic change to the way it evaluates interchangeable biosimilars.  For the last 14 years, an applicant could get...

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PreSTAR: a New Template for Pre Submissions and 513(g) Requests for Information

By Lisa M. Baumhardt, Senior Medical Device Regulation Expert & Adrienne R. Lenz, Principal Medical Device Regulation Expert —FDA recently released a new eSTAR template for device pre-submissions...

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Pharmacists in Florida (and Elsewhere): Waive Prescribing Red Flags at Your...

By Larry K. Houck —We blogged in February 2022 about the Drug Enforcement Administration’s (“DEA’s”) revocation of Gulf Med Pharmacy’s registration after finding that it failed to exercise its...

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RAPS Convergence 2024 to Feature Session on Accelerating Breakthrough Device...

RAPS Convergence 2024 is set to host a must-attend session on CDRH’s Total Product Life Cycle Advisory Program (TAP), promising attendees an exclusive insight into a pioneering initiative aimed at...

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Former DEA Administrators Weigh in on Marijuana Rescheduling

By Larry K. Houck —The Drug Enforcement Administration (“DEA”) has received more than 27,000 public comments in response to its May 21, 2024, Notice of Proposed Rulemaking (“NPRM”) to reschedule...

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Winter is Coming: How a Labor Case in SCOTUS Impacts FDA Injunction Powers

By JP Ellison & John W.M. Claud —Among the tools that the government has to enforce the FDC Act is the injunctive power granted by Congress in 21 U.S.C. § 332. That statute provides that courts...

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Less than Meets the Eye: LDT Small Entity Compliance Guide Adds Little Insight

By Gail H. Javitt & Lisa M. Baumhardt, Senior Medical Device Regulation Expert —In its final rule on laboratory developed tests (LDTs) (see our prior blog here), FDA acknowledged that “some...

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Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose...

By Riëtte van Laack & JP Ellison —On Thursday, the 27th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy.  The court ruled that the Securities and...

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Better Late Than Never – Unpacking FDA’s Highly Anticipated (and Long...

By Mark A. Tobolowsky & Véronique Li, Senior Medical Device Regulation Expert & Sarah Wicks & Deborah L. Livornese —The Food and Drug Omnibus Reform Act (“FDORA”), enacted in December 2022,...

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Power to the Patient with Patient Generated Health Data

By Adrienne R. Lenz, Principal Medical Device Regulation Expert —FDA’s Center for Devices and Radiological Health (CDRH) recently partnered with the Digital Medicine Society (DiMe) to host a two-day...

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Through the Looking Glass? Loper Bright Will Force FDA to Change Its Approach...

By John W.M. Claud & JP Ellison —The Supreme Court’s recent decision in Loper Bright v. Raimondo has done away with Chevron deference to federal agencies’ interpretation of ambiguous statutes,...

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At Long Last, FDA Unveils Plan for Rare Disease Innovation Hub

By Sarah Wicks & James E. Valentine & Frank J. Sasinowski —On July 17, 2024, FDA announced the establishment of a Rare Disease Innovation Hub (the “Hub”) to enhance and improve outcomes for...

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Stand by Your Case? Without Standing, Supreme Court Precedent Means You’ll...

By John W.M. Claud —Sometimes it’s difficult to be a plaintiff, putting all your work into just one case. That’s especially true if recent Supreme Court rulings have rendered your matter a quixotic...

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ACI’s Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care...

The American Conference Institute (“ACI”) is holding its 2nd West Coast Editionof its Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products from September 25-26 at the Le...

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FDA Releases Draft Guidance on Essential Drug Delivery Outputs

By Adrienne R. Lenz, Principal Medical Device Regulation Expert —For several years, FDA has requested that sponsors of drug or biologic led combination products identify essential performance...

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