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Senators Schumer, Booker and Wyden Introduce Comprehensive Legislation to End Federal Cannabis Prohibition

Long-shot bill would also allow states to set own laws, make FDA lead regulator, address impact of War on Drugs, impose excise tax, and create CBD dietary supplement pathway. More than five months after first previewing...more

The Responsible Corporate Officer Doctrine and the Food, Beverage and Agribusiness Industry — What You Need to Know [Audio]

In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Justin Danilewitz, a litigator in the Firm’s White Collar and Government...more

Analyzing the Growing Complexity of Food Law, Industry Advances and the Road Ahead Under a New Administration [Audio]

In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Tony Pavel, Senior Food Lawyer and Global Food Law Team Leader at Cargill, a global...more

From FDA to USDA – the Alphabet Soup of Regulatory Agencies and How the Government Has Permitted Some Flexibility During the... [Audio]

In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with fellow FBA Practice co-chair, Jonathan Havens, on the portfolios of the U.S. Food and...more

CMS Proposes Medicare Coverage of Certain New Medical Devices, Clarification of “Reasonable and Necessary” Definition

On September 1, 2020, the Centers for Medicare & Medicaid Services (CMS) published in the Federal Register a proposed rule that, if finalized, would establish a Medicare coverage pathway to provide Medicare beneficiaries with...more

DEA Issues Hemp and CBD Rules to Implement Farm Bill

On August 21, 2020, nearly two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill), the Drug Enforcement Administration (DEA or the Agency) published an interim final rule that, according to...more

FDA Sends CBD Enforcement Policy to OMB, Issues Cannabis Clinical Research Draft Guidance, and Submits CBD Testing Report to...

This summer has been a busy one in the cannabis and cannabis-derived products spaces. On Wednesday, July 22, 2020, the U.S. Food and Drug Administration (FDA or the Agency) sent to the White House Office of Management and...more

Court Grants FDA’s Request for Extension of Premarket Review Submission Deadline for Deemed Tobacco Products in Light of COVID-19;...

On April 23, 2020, the U.S. District Court for the District of Maryland granted the U.S. Food and Drug Administration’s (FDA or the Agency) request for an extension of the submission deadline for certain deemed tobacco...more

Post-Holiday Roundup: 2019 Concludes With Big Changes for Tobacco, Cannabis, and Food and Beverage Industries

A new decade is upon us, as are substantial federal and state policy, regulatory, and enforcement developments for the tobacco, cannabis, and food and beverage industries. ...more

FDA Issues Round of CBD Warning Letters and Revised Consumer Update, Restates Potential Risks and Unknowns

On November 25, 2019, the U.S. Food and Drug Administration (FDA or the Agency) announced that it had issued Warning Letters to 15 companies for illegally selling products containing cannabidiol (CBD). ...more

In Response to Vaping-Related Deaths and Injuries, Trump Administration To Ban Flavored E-Cigarettes; Impact on CBD an Open...

On Wednesday, September 11, 2019, in response to a number of highly-publicized vaping-related deaths and illnesses, the Trump Administration (the Administration) announced its intention to ban most flavored e-cigarette...more

FDA Publishes Court-Ordered Cigarette Graphic Warning Proposed Rule, Industry Challenge Expected

On August 15, 2019, the U.S. Food and Drug Administration (FDA or the Agency) published a court-ordered proposed rule that, if finalized, would mandate graphic health warnings for cigarette packaging and advertisements to...more

USPTO Issues Cannabis Trademark Guidance, Opens the Door for Some Marks to be Registered

On May 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued "Examination Guide 1-19 - Examination of Marks for Cannabis and Cannabis Related Goods and Services after Enactment of the 2018 Farm Bill" (Guidance),...more

Following FDA’s Lead, TTB Prohibits Hemp-Derived CBD in Alcohol Beverages

Although hemp is now federally legal, as a result of the enactment of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) late last year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) recently declared that...more

As Outgoing FDA Commissioner Addresses CBD Regulations and Upcoming Agency Hearing, FDA and FTC Issue Warnings to CBD Marketers

On April 2, 2019, outgoing U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., further addressed FDA’s approach to cannabis-containing and cannabis-derived products (e.g., cannabidiol...more

Food Regulatory Update: FDA Issues Final Recall Guidance and Plans Strengthened Dietary Supplement Oversight, States and Cities...

Despite the cold temperatures across much of the country, federal and state food policy, regulations, and enforcement developments have been heating up....more

FDA Further Outlines Plans to Strengthen and Modernize 510(k) Pathway

Agency continues to promote use of "robust performance criteria" and "modern predicate devices" - On January 22, 2019, the U.S. Food and Drug Administration (FDA or the Agency) detailed in a Final Guidance document the...more

Farm Bill Signed Into Law, Legalizing Hemp. What Can We Expect? FDA’s Response Sheds Some Light.

On December 20, 2018, President Trump signed into law the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Among other things, the 2018 Farm Bill removes hemp from the definition of "marihuana" (marijuana) in the...more

FDA Announces Plans to Significantly Change Medical Device 510(k) Clearance Program

On November 26, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., and Jeff Shuren, M.D., Director of FDA’s Center for Devices and Radiological Health (CDRH), issued an extensive...more

FDA Releases Medical Device Cybersecurity Draft Guidance

In recognition of the increasing prevalence of connected medical devices, and the potential cybersecurity vulnerability of the same, the U.S. Food and Drug Administration (FDA or the Agency) issued on October 18, 2018 a draft...more

DEA Schedules First FDA-Approved Cannabis-Derived Drug as Schedule V

The U.S. Drug Enforcement Administration (DEA) is expected to publish in the September 28, 2018 edition of the Federal Register an order scheduling U.S. Food and Drug Administration (FDA or the Agency)-approved drugs that...more

FDA Takes Sweeping Enforcement Action to Address “Epidemic” of Youth E-cigarette use, Could Move to Significantly Restrict...

On Sept. 12, 2018, the U.S. Food and Drug Administration (FDA or the Agency) announced a series of significant enforcement actions related to the sale and marketing of e-cigarettes to minors. ...more

FDA Approves First Cannabis-Derived Drug to Treat Rare and Severe Forms of Epilepsy

On June 25, 2018, the U.S. Food and Drug Administration (FDA or the Agency) approved Epidiolex (cannabidiol) [CBD] oral solution for the treatment of seizures associated with two rare and severe forms of epilepsy,...more

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