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  • OTC Drugs and Cosmetics

    • FDA’s Proposal to Remove Oral Phenylephrine from the OTC Monograph Isn’t a Surprise but What is Left “Over-the-Counter”?November 12th, 2024

      On November 8, 2024, FDA issued a proposed order to remove the oral decongestant ingredient phenylephrine (including both phenylephrine hydrochloride and phenylephrine bitartrate) (collectively, PE) from the OTC monograph on the basis of a lack of effectiveness.  FDA also noted that it has concluded that …

    • ACI’s 42nd FDA Boot Camp – New York City EditionJanuary 24th, 2024

      The American Conference Institute’s (“ACI’s”) popular “FDA Boot Camp”—now in its 42nd iteration—is scheduled to take place from March 13-14, 2024, at the SpringHill Suites NY Manhattan Times Square South, New York. The conference is billed as the premier event to provide folks with a …

    • ACI’s Advanced Legal, Regulatory and Compliance Forum on OTC Drugs, January 23 – 24, 2024, New York, NY — Featuring HPMer and Former FDAer Deborah LivorneseJanuary 5th, 2024

      The American Conference Institute (“ACI”) will be hosting the go-to forum for critical updates on OTC regulation and enforcement, monograph reform, ACNU and advertising essentials… and FDA Law Blog readers can get a discount. This unique forum, designed for in-house counsel and executives, as well as …

    • FDA Announces a Return to In-Person Meetings for All PDUFA, BsUFA, and OMUFA Meeting TypesDecember 20th, 2023

      FDA, like much of the rest of the world, has been adjusting to the rapid changes in our world these last few years.  For nearly three years following the declaration of the COVID-19 health emergency, there were no in-person meetings held.  Then, in early 2023, …

    • Join Us for ACI’s Advanced Legal Regulatory and Compliance Forum on OTC DrugsNovember 13th, 2023

      On January 23-24, 2024, the American Conference Institute (“ACI”) will host its “Advanced Legal, Regulatory and Compliance Forum on OTC Drugs” conference at the Sofitel New York, NY.  Designed for in-house legal and compliance counsel, industry executives, and private practice attorneys working for the OTC …

    • FDA-Approved Labeling: Is Enough Enough?August 21st, 2023

      I saw the sign…and the answer is no—FDA-approved labeling apparently is not enough under state failure-to-warn laws, according to certain courts.  While it has been long established that FDA-approved or mandated labeling preempts state failure-to-warn claims, some courts have decided that sometimes labeling just isn’t …

    • Wave of Warning Letters to Foreign OTC Drug Manufacturing Facilities Following Remote Records RequestsAugust 11th, 2023

      On August 3rd, FDA issued 11 warning letters to foreign facilities registered as OTC drug manufacturers.  For each of these facilities, FDA did not conduct an on-site inspection of the facility prior to issuing the warning letter.  Instead, FDA issued a request for records pursuant …

    • 3 in 1 Guidance Issued by FDA Covering Formal Dispute Resolution, Administrative Hearings and Consolidated Proceedings for OTC Monograph DrugsJuly 4th, 2023

      On June 23, 2023, FDA issued a draft guidance for industry – Formal Dispute Resolution and Administrative Hearings of Final Administrative Orders Under Section 505G of the Food, Drug, and Cosmetic Act (the Monograph FDR Guidance) – to fulfill another commitment agreed to in support …

    • OTC Monograph Reform Update – Final Deemed Final Orders Posted by FDAMay 4th, 2023

      FDA posted the last five “deemed final orders” under OTC monograph reform this week.  All 33 of the final orders can now be found at OTCMONOGRAPHS@FDA.  Under the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (see our blog post here), all final monographs …

    • New OMOR Guidance on Format and Content – Putting the Mor(e) in OMORApril 20th, 2023

      Last week FDA checked off another item on its to-do list for implementing the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) OTC monograph reform provisions.  As provided in the OMUFA Performance Goals letter, FDA issued draft guidance on the content and format of …

    • 2023 IS the Year for OTC Naloxone!March 30th, 2023

      Early on March 29, 2023, FDA announced the landmark approval of Narcan (naloxone hydrochloride) Nasal Spray for use as a nonprescription opioid overdose reversal agent.  I previously blogged on the February 15, 2023 Joint Meeting of the Nonprescription Drugs Advisory Committee (NDAC) and the Anesthetic …

    • Upcoming OTC Naloxone Joint Advisory Committee Meeting CancelledMarch 2nd, 2023

      As of the morning of March 1, the hotly anticipated Joint Meeting of the Nonprescription Drugs Advisory Committee and the Anesthetic and Analgesic Drug Products Advisory Committee originally scheduled for March 20 has been cancelled.  The March 20 Joint Meeting concerned the NDA for naloxone …

    • Is 2023 the Year for OTC Naloxone?February 17th, 2023

      On February 15, 2023, the Nonprescription Drugs Advisory Committee (NDAC) and the Anesthetic and Analgesic Drug Products Advisory Committee (AADPAC) held a joint meeting to discuss an application pending before FDA that would switch Narcan (naloxone) Nasal Spray from prescription to over-the-counter (OTC) status.  All …

    • FDORA Enacted; HP&M Issues Detailed Summary and AnalysisJanuary 23rd, 2023

      On December 29, 2022, the President signed into law the Food and Drug Omnibus Reform Act of 2022 (“FDORA”) as part of the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 (2022).  FDORA primarily amends the Federal Food, Drug, and Cosmetic Act and the Public …

    • ACI’s 40th FDA Boot Camp – March 22-23, 2023 (Virtual)January 3rd, 2023

      Hosted by American Conference Institute, the FDA Boot Camp returns for its 40th iteration with the continued intent of providing an essential working knowledge of core FDA concepts, and real-world examples that will help you to excel in your everyday practices. This year’s conference co-chairs include …