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Biden Administration's End to COVID-19 Public Health Emergency to Impact Devices Under Enforcement Discretion

On January 30, 2023, the Biden administration announced its intent to end the national emergency and public health emergency (PHE) declarations on May 11, 2023. These emergency declarations have been in place since early...more

DOJ Civil Division's Consumer Protection Branch Features FDA Enforcement Actions in its First-Ever Annual "Recent Highlights"...

Earlier this month, the U.S. Department of Justice (DOJ) Civil Division's Consumer Protection Branch (CPB) released its first-ever annual "recent highlights" report. The report describes the CPB's accomplishments from October...more

FDA Holds Webinar on Draft Transition Plans for COVID-19 Related Medical Devices and Enhances 510(k) Submission Tracker

On February 22, 2022, the U.S. Food and Drug Administration (FDA) hosted a webinar on two draft guidance documents for the transition plans for medical devices commercialized pursuant to either Emergency Use Authorization...more

FDA Issues Draft Transition Plans for Medical Devices Commercialized Pursuant to EUA or Enforcement Discretion Policy During...

On December 22, 2021, the U.S. Food and Drug Administration (FDA) issued two draft guidance documents for the transition plans for medical devices commercialized pursuant to either Emergency Use Authorization (EUA) or the...more

FDA Authorizes First COVID-19 Test for Self-Testing at Home

On November 17, 2020, nine months after the start of the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) issued an emergency use authorization (EUA) to Lucira Health for the first COVID-19 diagnostic test for...more

FDA Declines to Review Certain EUAs, Raising Reimbursement and Liability Issues

The Food and Drug Administration (FDA or the Agency) announced on October 7 that it will no longer review Emergency Use Authorizations (EUAs) for laboratory developed tests (LDTs). LDTs are a distinct category of in vitro...more

FDA Issues Umbrella EUA for Surgical Masks

The U.S. Food and Drug Administration (FDA) recently unmasked new guidance surrounding distribution of surgical masks. As a brief recap, on April 16, 2020, the FDA issued an Emergency Use Authorization (EUA) authorizing the...more

FDA to Resume Domestic Inspections Under New Risk Framework

When the COVID-19 pandemic struck the U.S., manufacturers regulated by the Food and Drug Administration (FDA) were afforded some relief from agency inspections, allowing time to focus on adapting to a new norm. Roughly four...more

FDA Issues Recommendations on COVID-19 Drug Development and Clinical Trials for Regulatory Approval

The U.S. Food and Drug Administration (FDA) recently issued two guidance documents outlining the agency's expectations for COVID-19 drug development. The first guidance, "COVID-19 Public Health Emergency: General...more

New Policy Opens Door for At-Home COVID-19 Tests

The U.S. Food and Drug Administration (FDA) recently eased a significant regulatory barrier to at-home COVID-19 testing. On May 6, 2020, the FDA issued a policy facilitating patient access to sample collection kits in a step...more

The CARES Act: A Summary for Technology and Life Sciences Companies

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a $2 trillion stimulus package thought to be the largest in U.S. history. This is the third stimulus package adopted...more

Wilson Sonsini Digest of FDA Actions Related to COVID-19

Many global markets have been impacted by COVID-19, including the medical product and food industries. Both sectors are particularly critical as medical products are relied upon to help abate the disease and as communities...more

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