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  • Month: November 2013

    • FDA Takes Aim at a Financial Community Broadcast in New Warning LetterNovember 13th, 2013

      By Dara Katcher Levy – A new Warning Letter issued by FDA’s Office of Prescription Drug Promotion (OPDP) suggests that FDA may want a new fight when it comes to the issue of that pesky First Amendment and the interplay with FDA-regulated products.  In a November 8, …

    • FDA Proposes a Rule that Would Undercut Generic Drug PreemptionNovember 12th, 2013

      By Jennifer M. Thomas – The generic drug industry has waited with bated breath since, as we reported here and here, FDA signaled that it was “considering a regulatory change that would allow generic manufacturers, like brand-name manufacturers, to change their labeling in appropriate circumstances.”  See …

    • Former Novo Nordisk General Counsel James C. Shehan Joins Hyman, Phelps & McNamara, P.C.November 11th, 2013

      Hyman, Phelps & McNamara, P.C. is pleased to announce that James C. Shehan has joined the firm as Of Counsel.  Previously, Mr. Shehan served for 19 years as Novo Nordisk Inc.’s General Counsel and Corporate Vice President of Legal, Government and Quality.  His extensive experience …

    • FDA Proposes to Phase Out Use of Partially Hydrogenated OilsNovember 11th, 2013

      By Etan J. Yeshua – The Food and Drug Administration last week initiated a process that could prohibit the sale of partially hydrogenated oils (PHOs), as well as food products containing industrially manufactured PHOs, such as certain baked goods, microwave popcorn, frozen pizzas, frostings, and …

    • Trends in Personalized MedicineNovember 10th, 2013

      An article published in the current edition of Regulatory Focus, the flagship publication of the Regulatory Affairs Professionals Society (RAPS), and authored by Hyman, Phelps & McNamara, P.C.’s Alexander J. Varond discusses the recent trends and developments in personalized medicine, including FDA’s current thinking and …

    • New York Academy of Sciences Conference Tackles NanomedicineNovember 10th, 2013

      The New York Academy of Sciences will present a conference on scientific and regulatory issues pertaining to nanomedicine on November 21.  The conference will feature speakers from the U.S. and abroad so as to provide domestic and international perspectives.  Hyman, Phelps & McNamara’s Ricardo Carvajal …

    • Sanofi Sues FDA to Prevent Disclosure of OTC NASACORT Labeling Before Product Launch; Claims FOIA Exemption 4November 7th, 2013

      By Kurt R. Karst –       Earlier this week, sanofi-aventis U.S., LLC (“Sanofi”) filed a Complaint in the U.S. District Court for the District of Columbia against FDA in what appears to be a first-of-its-kind lawsuit.  Sanofi alleges that FDA’s decision to make public a copy of …

    • Please Pass the Brownies – Uh – “Edible Retail Marijuana Products”November 6th, 2013

      By Ricardo Carvajal – Colorado’s Department of Revenue recently published retail marijuana rules to implement that state’s Retail Marijuana Code (“RMC”).  C.R.S. 12-43.4-101 et seq.  The rules took effect on October 15, and are the culmination of a change in Colorado law that began with an …

    • FDA Issues Proposed Rule and Strategic Plan to Address Drug ShortagesNovember 5th, 2013

      By Jennifer M. Thomas – I have monitored the drug shortage issue over the last few years with professional interest and general concern (see here).  However, the situation was recently brought home to me when I took my four-month old in for her second round of …

    • ASQ Food, Drug, and Cosmetic Division’s 24th West Coast Conference on Dietary Supplements Now Scheduled for November 8November 5th, 2013

      Postponed due to the partial government shutdown, this conference will address numerous compliance and enforcement issues of interest to dietary supplement manufacturers and distributors, and will feature discussion of the anticipated impacts of FSMA implementation. Senior FDA and state officials will provide their perspectives, …

    • DEA Publishes Long-Anticipated Proposed Rulemaking Proposing to Place Tramadol in Schedule IVNovember 4th, 2013

      By Karla L. Palmer – On Monday, November 4, 2013, the Drug Enforcement Administration (“DEA”) published a notice of proposed rulemaking (“NPR” ), proposing to place the substance  2 –((diemthylamino)methyl)-1-(3-methyloxyphenyl) cyclohexanol), and its salts, isomers, salts of isomers, and all isometric configurations of possible forms, …

    • The Device Submission eCopy RequirementsNovember 3rd, 2013

      By Allyson B. Mullen – Now that the eCopy program is well underway, it might be a good idea to review how the program works and consider a few of the common pitfalls.  Although nearly a year has passed since the final guidance document for the …