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  • Prescription Drugs and Biologics

    • 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 …

    • The Canadian Drug Importation Rule Survives Industry Challenge, But Don’t Expect Canadian Drugs at Your Pharmacy Just YetFebruary 13th, 2023

      In November of 2020, plaintiffs representing the pharmaceutical industry sued the U.S. Department of Health and Human Services (HHS) to block a rule that would allow the importation of Canadian prescription drugs (see our blog post on the complaint).  Last week, the D.C. District Court …

    • Good Things Came in Threes for These Drug Companies: Three Judges at the Third Circuit Found for Three Drug Makers in 340B Contract Pharmacy CaseFebruary 5th, 2023

      In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts). The drug …

    • Separating the Hype from the Hyperbole Surrounding FDORA’s Alternatives to Animal Testing under the FD&C ActFebruary 3rd, 2023

      Amongst the many provisions that Congress included in the recent Food and Drug Omnibus Reform Act (“FDORA”) were two subtle changes – one change to the Federal Food, Drug, & Cosmetic Act’s (“FD&C Act”) requirements for advancing an investigational new drug into clinical trials and …

    • Eleventh Circuit’s Decision is Not a Catalyst For ChangeFebruary 1st, 2023

      FDA has not been shy about its distaste for the Catalyst decision; the Agency has published on its website the litany of problems that arise from it and has sent emails and letters to stakeholders essentially urging them to contact Congress to address the decision.  …

    • A (Not So) New Avenue to Challenge Misleading Rx Promotion – NADJanuary 25th, 2023

      (Caution: Links in the first paragraph are a wild musical ride.  Click at your own risk) For those of you that review Rx ad/promo materials, it’s a familiar scenario:  Marketing has come to the Legal Department with significant concerns about competitor activities – consumers are being …

    • Under FDORA, FDA to Require Most Drug and Device Trials to Submit Diversity Action PlansJanuary 24th, 2023

      Last month, Congress took a big step towards improving clinical trial diversity by requiring sponsors of most drug and device clinical studies to submit a diversity action plan when they submit key trial documents to the Food and Drug Administration (FDA).  This requirement, enacted under …

    • 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 …

    • CMS Rolls up its Sleeves on Price Negotiations, Sets Agenda for 2026 Negotiated PricesJanuary 19th, 2023

      Last week, the Centers for Medicare & Medicaid Services (CMS) released a memorandum on how it intends to implement the Medicare Drug Price Negotiation Program, passed under the Inflation Reduction Act (IRA) (see our blog post and slide deck on IRA).  The memorandum also introduced …

    • The PIE Act – A Win for Patients, Payors, and SponsorsJanuary 5th, 2023

      A win for patient access!   Prescription drug and medical device Pre-Approval Information Exchange (PIE) now has specific legal protection allowing for sponsors to proactively communicate to payors certain information about products in development to help expedite patient access upon product approval. The PIE Act, otherwise known …

    • OTAT Town Hall on Cell Therapy CMC – The Recording is Available but Here’s an AppetizerJanuary 4th, 2023

      On December 7, 2022, FDA’s Center for Biologics Evaluation and Research (CBER) and the Office of Tissues and Advanced Therapies (OTAT) held a town hall to answer questions related to cell therapy and tissue-engineered products chemistry, manufacturing, and contr­­ols (CMC).  The purpose of these town …

    • 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 …

    • FDA Finalizes Guidance Re Enforcement Policy for Homeopathic DrugsDecember 16th, 2022

      On December 7, 2022, FDA announced the availability of the final guidance regarding the enforcement policy for homeopathic drug products.  This concludes FDA’s reevaluation of the regulation of homeopathic drugs which it started in 2015. As we reported previously, here, and here, as a result of …

    • “I’m Listening,” Says the PTODecember 15th, 2022

      In the wake of President Biden’s July 2021 Executive Order—Promoting Competition in the American Economy—and the exchange of letters between the Patent and Trademark Office (USPTO) and FDA, the USPTO announced recently a “public listening session” in collaboration with FDA to seek comments on how …

    • What FDA’s Newest Gene Therapy Approval Tells Us About Durability: How Long is Long Enough?December 8th, 2022

      On November 22, 2022, FDA approved CSL Behring’s BLA for Hemgenix (etranacogene dezaparvovec), an AAV-based gene therapy for the treatment of adults with Hemophilia B who currently use Factor IX prophylaxis therapy, have current or historical life-threatening hemorrhage, or have repeated, serious spontaneous bleeding episodes.  …