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HHS Issues Advisory Opinion on Contract Pharmacies Under the 340B Program

On Dec.30, 2020, the Department of Health and Human Services (HHS) Office of the General Counsel released an advisory opinion concluding that drug manufacturers are obligated to deliver discounts under the 340B Drug Pricing...more

COVID-19 Vaccine: Simplifying the Complex Life Cycle of the Vaccine

On today’s episode, we explore the complex life cycle of the COVID-19 vaccine and some common questions surrounding the authorization, distribution and administration of the vaccination....more

COVID-19 Vaccine: Approval or Authorization?

On Dec. 11, the U.S. Food and Drug Administration (FDA) issued the first emergency use authorization (EUA) for a vaccine for the prevention of the coronavirus disease 2019 (COVID-19). An EUA differs from an approval in that...more

Supreme Court Gives Nod to States Regulating Pharmacy Benefit Managers Reimbursement

On Dec. 10, the United States Supreme Court issued its ruling in Rutledge v. Pharmaceutical Care Management Association. The Court reversed the 8th Circuit to uphold a state’s ability to regulate the price at which pharmacy...more

FDA Provides Playbook for Developing Cannabis Drugs

The U.S. Food and Drug Administration (FDA) recently released the Draft Guidance for Industry, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research. In this guidance, the FDA defers to the...more

FDA and State Boards of Pharmacy React to COVID-19 – June Update

This update approaches three months of coverage of the Food and Drug Administration (FDA) and related regulatory response to COVID-19. Updates and developments continue in the COVID-19 response despite a decrease in media...more

FDA and State Boards of Pharmacy React to COVID-19 – May 11, 2020 Update

Efforts to increase testing are occurring at the national and state levels. The Food and Drug Administration (FDA) continues to crack down on firms marketing products – including drugs, testing kits and personal protective...more

FDA and State Boards of Pharmacy React to COVID-19 – April 20, 2020 Update

With this update, we have covered and provided Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and state boards of pharmacy actions related to COVID-19 for more than one month. This update will...more

FDA Current Good Manufacturing Practice Inspections During the COVID-19 Pandemic

In an unprecedented time amid the global COVID-19 pandemic, an increasing number of pharmaceutical manufacturers and developers of active pharmaceutical ingredients are involved in the potentially life-saving development of...more

Considerations for 3D Printing of Medical Devices, Accessories, Components and Parts During the COVID-19 Pandemic

The medical device industry and the Food and Drug Administration (FDA) have been experimenting with three-dimensional (3D) printing for years. Shortages of medical devices such as personal protective equipment (PPE) and...more

FDA and State Boards of Pharmacy React to COVID-19 – April 8 Update

Multiple regulatory agencies continue to do their part in the fight against COVID-19. This week, the U.S. Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) and state boards of pharmacy all acted to...more

FDA and State Boards of Pharmacy React to COVID-19 – April 1 Update

Shortages of gloves, gowns, face masks, respirators, ventilators, drugs and hand sanitizer continue to be reported. The crackdowns on prescribing of chloroquine and hydroxychloroquine, currently being studied to treat...more

FDA Emergency Use Authorizations (EUAs): Cutting Regulatory Red Tape for COVID-19

In response to the COVID-19 outbreak in the United States, the Food and Drug Administration (FDA) has issued an increasing number of EUAs, now in the double digits, for in vitro diagnostic (IVD) products and personal...more

FDA and State Boards of Pharmacy React to Coronavirus – March 27 Update

The U.S. now has the most confirmed coronavirus cases in the world, and the FDA and state boards of pharmacy are issuing daily guidance on how to stop the spread or join in the fight through relaxed standards or expedited...more

FDA and State Boards of Pharmacy React to Coronavirus – March 23 Update

Hand sanitizer, critical infrastructure, drug shortages and Emergency Use Authorizations (EUAs) are the FDA updates on COVID-19 over the weekend....more

FDA and State Boards of Pharmacy React to Coronavirus – March 19 Update

The Food and Drug Administration (FDA) and the state boards of pharmacy continue to issue guidance and policy daily. Now, the Drug Enforcement Administration (DEA) has joined in to provide guidance to industry and healthcare...more

FDA and State Boards of Pharmacy React to Coronavirus – Mar. 17 Update

Here, we provide you with the first update to important actions in the life sciences sector that the Food and Drug Administration (FDA) and state boards of pharmacy are taking to address the pandemic so far. ...more

FDA and State Boards of Pharmacy React to Coronavirus

The new coronavirus continues to be the leading global news headline. We have established a comprehensive online resource center to help address and answer legal questions about coronavirus disease 2019 (COVID-19). ...more

FDA Alerts Compounders of a Major Change in Practice

With just days remaining until the “Deemed to Be a License” transition takes effect, the FDA issued an unexpected sweeping change to compounding practice. ...more

FDA Slow but Steady on CBD

It seems like CBD oil is all we talk about, but honestly, it’s almost all that our clients are talking about. If your marketing folks haven’t come to you yet with an idea to add CBD oil to something, they will almost...more

A Quick Hit on CBD – Departing Commissioner Gottlieb Talks CBD With Congress

Departing Food and Drug Administration (FDA) Commissioner Gottlieb reiterated many of the things we have blogged about here recently in his testimony before a Senate subcommittee this past Thursday....more

CBD: Coming to a Store Near You TBD

There are both positive and negative developments regarding the likelihood of widespread legal sales of CBD oil products. Last week, a major retailer announced that it will begin selling cannabidiol (CBD) creams and salves...more

Senate Democrats Recently Introduced the Stop Price Gouging Act

Senate Democrats recently introduced the Stop Price Gouging Act (S. 378), which seeks to place an excise tax on pharmaceutical companies in proportion to price spikes on prescription drugs. The bill generally requires a...more

BakerHostetler FDA and Pharmacy Weekly Digest

Last week Health and Human Services (HHS) released its Statement of Regulatory Priorities for Fiscal Year 2019. Several of the FY19 priorities include: (1) combatting the opioid crisis; (2) strengthening individual health...more

Branded Biologic Products Lose 180 Days of Patent Exclusivity in Unanimous Decision From Supreme Court

On June 13, 2017, the U.S. Supreme Court issued its opinion in Sandoz v. Amgen. In doing so, it answered two questions raised under the Biologics Price Competition and Innovation Act of 2009 (BPCI). First, is an injunction...more

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