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    • FTC Issues Long-Awaited Final Report on Authorized Generics; Report Examines Both the Short-Term Effects and Long-Term Impact on Competition and Drug PricesAugust 31st, 2011

      By Kurt R. Karst –       On August 31, 2011, the Federal Trade Commission (“FTC”) announced the issuance of its final report, titled “Authorized Generic Drugs – Short-Term Effects and Long-Term Impact,” which has been in the works for years since it was requested in 2005 by …

    • FDA Issues Draft Guidance that Supports Developing a Risk-Based Approach to the Monitoring of Clinical StudiesAugust 30th, 2011

      By Anne Marie Murphy – This week FDA announced the publication of a draft guidance titled, “Oversight of Clinical Investigations: A Risk Based Approach to Monitoring.”  This is the first time since 1988 that the agency issued a specific guidance document on how a study sponsor …

    • NRDC Doggedly Pursues Action on BPAAugust 29th, 2011

      By Ricardo Carvajal – In June, we reported that the DC Circuit Court of Appeals decided it lacked exclusive jurisdiction over a Natural Resources Defense Council (“NRDC”) citizen petition seeking FDA action against BPA.  Undeterred, NRDC has now filed its complaint in district court.  The complaint …

    • Public Citizen Petitions FDA to Amend Generic Drug Labeling Regulations in the Wake of MensingAugust 29th, 2011

      By Kurt R. Karst –       On August 29, 2011, Public Citizen announced that it submitted a citizen petition to FDA requesting that the Agency amend its regulations to permit ANDA sponsors to revise their labeling through the Changes Being Effected (“CBE”) and Prior Approval Supplement (“PAS”) …

    • Google to pay $500 Million Regarding Pharmacy Advertising; What is Next?August 25th, 2011

      By William T. Koustas & John R. Fleder – Google, Inc. (“Google”) and the Department of Justice (“DOJ”) (acting in concert with FDA’s Office of Criminal Investigations) have settled the government’s criminal investigation into Google’s AdWords program, which displayed advertisements on websites for online Canadian pharmacies.  …

    • FDA Maintains That Preparation of an NDI Notification Takes 20 HoursAugust 25th, 2011

      By Riëtte van Laack – Under the law, a manufacturer of a new dietary ingredient ("NDI") or a dietary supplement containing an NDI must notify FDA of the basis for the manufacturer’s conclusion that its product “will reasonably be expected to be safe.”  FDA’s regulation, 21 …

    • Del Monte Fresh Sues FDA to Invalidate Cantaloupe Import AlertAugust 23rd, 2011

      By Ricardo Carvajal – Del Monte Fresh Produce N.A., Inc. ("Del Monte Fresh") sued to invalidate an FDA import alert on cantaloupe from Productos Agricolas de Oriente, S.A. ("PAO"), a Guatemalan producer that is one of Del Monte Fresh’s principal suppliers.  FDA imposed the import alert …

    • Looking For a Three-Peat – The ABA Blawg 100August 22nd, 2011

      It’s that time of year again when we at FDA Law Blog turn to our loyal readers and say:  “Our fellow Blogerians, Ask not what your blog can do for you – ask what you can do for your blog.”  Yes, the American Bar Association …

    • Strength in Numbers? The Lobbying Push for a PTEAugust 21st, 2011

      By Kurt R. Karst –       Recently we reported on the “other battle” going on concerning patents listed in the Orange Book for The Medicines Company’s (“MDCO’s”) ANGIOMAX (bivalirudin) Injection.  With patent reform reportedly high on President Obama’s agenda, and with the fast approaching September 6th return of …

    • Congressional Leaders Request FDA to Exclude Grocery Stores from Menu Labeling RequirementsAugust 18th, 2011

      By Cassandra A. Soltis – In response to the Food and Drug Administration’s (“FDA’s”) proposed rule on nutrition labeling of standard menu items in restaurants and similar retail food establishments, members of the U.S. Senate and House of Representatives have requested that FDA exclude grocery stores …

    • Tobacco Companies Sue FDA Over Graphic Warnings RuleAugust 17th, 2011

      By Kurt R. Karst –       Earlier this week, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands,  Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a four-count Complaint against FDA in the U.S. District Court for …

    • FDA Releases Two Medical Device Draft GuidancesAugust 16th, 2011

      By Jennifer D. Newberger – On August 15, 2011, FDA released two Draft Guidances:  “Factors to Consider when Making Benefit-Risk Determinations in Medical Device Premarket Review” and “Design Considerations for Pivotal Clinical Investigations for Medical Devices.”  Each is discussed in turn below. Factors to Consider when Making …

    • FDA Says Tenth Circuit Should Say Adieu to Grandfather Drug Case Without Much Ado; Not So Fast, Says Cody/LannettAugust 15th, 2011

      By Kurt R. Karst –       The court battle over the “new drug” status of Cody Laboratories, Inc.’s and Lannett Co., Inc.’s (collectively “Cody/Lannett’s”) Morphine Sulfate Oral Solution 20mg/mL drug product has taken a new turn.  FDA’s Motion to Dismiss the case on mootness grounds has been …

    • FDA Provides Another Chance to Comment on Its Proposal to Amend the Phytosterols Health ClaimAugust 14th, 2011

      By Riëtte van Laack – FDA is reopening the comment period on the proposed rule it published on December 8, 2010, to amend the regulations on plant sterol/stanol esters and risk of coronary heart disease.  (See our previous post on the proposed rule.) One of FDA’s proposed …

    • ANGIOMAX – The Other Patent BattleAugust 11th, 2011

      By Kurt R. Karst –       With all of the hullabaloo that has been going on in court and on Capitol Hill in the continuing battle over a Patent Term Extension (“PTE”) for U.S. Patent No. 5,196,404 (“the ‘404 Patent”) covering The Medicines Company’s (“MDCO’s”) ANGIOMAX (bivalirudin) …