Topic: FDA & Food Safety

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COVID-19 Update: FDA will use enforcement discretion for limited ventilator modifications

Yvonne Puig (US)Thomas Dowdell (US)Mark Faccenda (US)Jeff Wurzburg (US)By Yvonne Puig (US), Thomas Dowdell (US), Mark Faccenda (US) and Jeff Wurzburg (US) on Posted in Coronavirus, FDA & Food Safety, General
On March 22, 2020, the FDA released guidance describing an enforcement policy that will help increase the availability of ventilators and accessories, as well as other respiratory devices, during the COVID-19 pandemic.  FDA’s guidance would permit “limited modifications to the indications, claims, functionality, or to the hardware, software, or materials of FDA-cleared devices used to … Continue reading

FDA Final Rule Amends Definition of “Biological Product”

Rachel Park (US)Jeff Wurzburg (US)Mark Faccenda (US)By Rachel Park (US), Jeff Wurzburg (US) and Mark Faccenda (US) on Posted in FDA & Food Safety, General
On February 20, 2020 the U.S. Food and Drug Administration (FDA) published a final rule, revising the regulatory definition of biological products to match the definition Congress agreed to in the Further Consolidated Appropriations Act, 2020.  The changes reflect the FDA’s efforts to remove regulatory hurdles in order to create cheaper versions of biological products, … Continue reading

CY 2020 Medicare Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System Final Rule

Thomas Dowdell (US)Mark Faccenda (US)Jeff Wurzburg (US)By Thomas Dowdell (US), Mark Faccenda (US) and Jeff Wurzburg (US) on Posted in FDA & Food Safety, News from DC, Regulatory
On November 1, 2019, the Centers for Medicare & Medicaid Services (CMS) published its CY 2020 Medicare Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System final rule.  The final rule implements a number of significant changes to payment policies and rates for services furnished to Medicare beneficiaries in hospital outpatient … Continue reading

FDA publishes new 510(K) guidance

Yvonne Puig (US)Mark Faccenda (US)Jeff Wurzburg (US)By Yvonne Puig (US), Mark Faccenda (US) and Jeff Wurzburg (US) on Posted in FDA & Food Safety
On January 22, 2019, the FDA released nonbinding guidance expanding the Abbreviated 510(k) program used to show the safety and efficacy of medical devices.  A new “safety and performance-based pathway” for certain, well understood device types, may be used by manufacturers to demonstrate substantial equivalency to devices already on the market. Under the 510(k) process, … Continue reading

FDA releases new guidance on off-label promotion

Benjamin Wallfisch (US)By Benjamin Wallfisch (US) on Posted in FDA & Food Safety
Last week, the U.S. Food and Drug Administration (“FDA”) released two guidance documents that relate to sharing of certain information about drugs and medical devices, including economic information about unapproved products and unapproved uses, as well as information not included in a product’s FDA-approved labeling. These guidance documents are part of broader blueprint published by … Continue reading

Recent effort to regulate pharmaceutical pricing deemed unconstitutional by Fourth Circuit

Robin Adelstein (US)By Robin Adelstein (US) on Posted in Enforcement, FDA & Food Safety, News from DC, Regulatory
In the absence of federal action, states have attempted to rein in high pharmaceutical pricing by enacting laws aimed at regulating drug pricing. Following what now has become a trend, on March 13, 2018, Oregon became the newest state to enact such legislation, The Prescription Drug Price Transparency Act, H.B. 4005. But many of these … Continue reading

FDA relaxes FSMA enforcement

Health Law PulseBy on Posted in FDA & Food Safety
On January 5, 2018, the U.S. Food and Drug Administration (“FDA”) released guidance entitled Policy Regarding Certain Entities Subject to the Current Good Manufacturing Practice and Preventive Controls, Produce Safety, and/or Foreign Supplier Verification Programs: Guidance for Industry. The guidance states that FDA will exercise enforcement discretion for certain parts of the Food Safety Modernization … Continue reading

FDA commissioner discusses key policy goals for 2018

Health Law PulseBy on Posted in FDA & Food Safety
On December 14, 2017, the Commissioner of the U.S. Food and Drug Administration (“FDA”), Dr. Scott Gottlieb, posted Looking ahead: Some of FDA’s major policy goals for 2018 on FDA’s blog, FDA Voice, and discussed FDA’s policy agenda published on the Unified Agenda of Federal Regulatory and Deregulatory Actions (“Unified Agenda”), which provides the public … Continue reading

FDA commissioner discusses upcoming guidance to modernize its framework for medical device review

Health Law PulseBy on Posted in FDA & Food Safety
On December 11, 2017, the U.S. Food and Drug Administration (“FDA”) Commissioner, Scott Gottlieb, posted Advancing Policies to Promote Safe, Effective MedTech Innovation on FDA’s blog, FDA Voice and discussed FDA’s plans to modernize its policy framework for the review of new medical devices. These changes will require FDA to make the review process more … Continue reading

FDA embraces medical innovation in 2017

Health Law PulseBy on Posted in FDA & Food Safety
On November 16, 2017, the US Food & Drug Administration (“FDA”) unveiled a comprehensive policy framework – a suite of four guidance documents – to oversee regenerative medicine products. Regenerative medicine is the science of restoring structure and function to damaged or diseased cells, tissues, or organs. The two final guidance documents outline when cell … Continue reading

FDA commissioner looks to curb tactics that restrict drug competition

Health Law PulseBy on Posted in FDA & Food Safety
On November 8, 2017, the U.S. Food and Drug Administration (“FDA”) Commissioner Scott Gottlieb spoke as a keynote speaker at the Federal Trade Commission (“FTC”) workshop, Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics (“Workshop”) and called to “end the shenanigans” that can delay or restrict generic drug competition. Gottlieb discussed his … Continue reading

Restaurant and convenience store trade groups sue NYC over menu labeling regulations

Health Law PulseBy on Posted in FDA & Food Safety
On July 14, 2017, the National Association of Convenience Stores, New York Association of Convenience Stores, Food Marketing Institute, and Restaurant Law Center (“trade groups”) filed a lawsuit against the New York City Department of Health and Mental Hygiene and its Commissioner Dr. Mary Travis Bassett, the New York City Board of Health, and the … Continue reading

FDA extends compliance date for Nutrition Facts Label rule

Health Law PulseBy on Posted in FDA & Food Safety
On June 13, 2017, the US Food and Drug Administration (“FDA”) announced that it was extending the compliance date for the Nutrition Facts Label rule. The FDA will provide the final details regarding the extension of the compliance date through a Federal Register Notice that it will publish at a later date. The FDA released … Continue reading

Mandatory kilojoule labeling – Victoria, Australia

Health Law PulseBy on Posted in FDA & Food Safety, International
The Victorian Government has introduced the requirement that all major Victorian food outlets and supermarket chains must display kilojoule contents on their menus. The Food (Kilojoule Labelling Scheme and Other Matters) Amendment Act 2016 will, from May 2018, require large chain food businesses and large chain supermarkets to display: the average kilojoule content of standardised, … Continue reading

FDA announces plans to create a centralized digital health unit

Benjamin Wallfisch (US)By Benjamin Wallfisch (US) on Posted in FDA & Food Safety
The U.S. Food and Drug Administration (“FDA”) has announced plans to create a centralized digital health unit within the Center for Devices and Radiological Health (“CDRH”), further supporting CDRH’s 2016-2017 vision to establish a more robust national evaluation system for medical devices.  FDA will form the new digital health unit within CDRH’s Office of the … Continue reading

FDA extends compliance date for menu labeling rule

Health Law PulseBy on Posted in FDA & Food Safety
On May 1, 2017, the FDA announced that it would issue an interim final rule that would extend the compliance date for the menu labeling rule to May 7, 2018. The original compliance date was just four days later on May 5, 2017. The menu labeling rule requires restaurants and similar retail food establishments that … Continue reading

Latest Executive Order shows support for agribusiness development and food safety

Health Law PulseBy on Posted in FDA & Food Safety
On April 25, 2017, President Trump issued the Presidential Executive Order on Promoting Agriculture and Rural Prosperity in America. The Executive Order established the Interagency Task Force on Agriculture and Rural Prosperity that will identify legislative, regulatory, and policy changes to promote in rural American agriculture, such as economic development, job growth, and infrastructure improvement. … Continue reading

Retailers petition FDA to revise menu labeling rule

Health Law PulseBy on Posted in FDA & Food Safety
On April 5, 2017, the National Grocers Association (“NGA”) and National Association of Convenience Stores (“NACS”) filed a citizen petition with the U.S. Food and Drug Administration (“FDA”). The citizen petition (“petition”) urged the FDA to halt and consider changes to its final menu labeling rule (“final rule”), which is set to take effect on … Continue reading

Court upholds Health Canada decision requiring additional information ‎on certain Apotex drugs manufactured in India

Ian Trimble (CA)Kristin Wall (CA)Sara Zborovski (CA)By Ian Trimble (CA), Kristin Wall (CA) and Sara Zborovski (CA) on Posted in FDA & Food Safety, International
The Federal Court dismissed Apotex’s application for judicial review of the Minister of Health’s decision to require additional information from Apotex as part of its submissions for certain drugs manufactured in India by Apotex affiliates. Read the full update here.… Continue reading

Global health trends impacting the regulation of food and beverage labels

Georgina Hey (AU)Isobel Taylor (AU)By Georgina Hey (AU) and Isobel Taylor (AU) on Posted in FDA & Food Safety, International
As global rates of obesity and related diseases continue to rise, consumers around the world are becoming more health conscious, and are expecting their food products to reflect their desire for healthier options. A recent Nielsen Global Health and Wellness Survey found that, of the 30 000 people across 60 countries surveyed, 49% consider themselves … Continue reading

Health Canada releases draft guidance documents for consultation related to good manufacturing practices and drug establishment licensing

Jillian Hyslop (CA)Sara Zborovski (CA)By Jillian Hyslop (CA) and Sara Zborovski (CA) on Posted in FDA & Food Safety, International
On January 18, 2017, Health Canada released five draft guidance documents for consultation relating to good manufacturing practices and drug establishment licensing. The consultation period is open until April 18, 2017. Read the full update in Norton Rose Fulbright’s Pharma in brief – Canada.… Continue reading
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