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FDA Guidance Clarifies Classification of Combination Drug-Device Products

In January 2022, the U.S. Food and Drug Administration (FDA) released finalized guidance on premarket pathways for combination products. While the guidance is not binding, it provides industry participants with valuable...more

In the Weeds: Delta-8 Warnings, Cannabis Use for Athletes and Use in California Healthcare Facilities

Newsworthy Highlights - FDA and CDC Issue Warnings on Delta-8 Use. In response to a marked uptick in reported adverse reactions and hospitalizations, the U.S. Food and Drug Administration (FDA ) and the Centers for Disease...more

Beware Dietary Deceit: FDA Warns Companies Allegedly Involved in Misrepresenting Supplements

A Jan. 27, 2021, McGuireWoods article discussed the Federal Trade Commission’s crackdown on deceptively marketed cannabidiol (CBD). The focus of the inquiry was to “send a clear message to the burgeoning CBD industry: Don’t...more

Edible Bites Episode 3: Cannabis and Life Sciences Video Webinar Series [Video]

In episode three of McGuireWoods’ Edible Bites video series, the newly released U.S. Food and Drug Administration compounding pharmacy memorandum of understanding is hashed out, including discussion on key provisions and...more

BEWARE of “Operation CBDeceit”

While most cannabidiol (CBD) manufacturers and sellers focus on the U.S. Food and Drug Administration (FDA), federal agencies outside the FDA have put their focus on the CBD industry....more

Edible Bites Episode 2: Cannabis and Life Sciences Video Webinar Series [Video]

McGuireWoods’ Edible Bites video series serves up important information from the cannabis and life sciences industries. Episode two explores FDA guidance on microneedling products....more

Financial Regulators Update Guidance for Hemp-Related Business Banking: Seven Key Points

As the hemp-related product industry continues to grow, institutional lenders now have clarifying guidance to consider as they conduct diligence regarding potential borrowers. Specifically, the National Credit Union...more

FDA Approves First COVID-19 Test for Sample Pooling

On July 18, 2020, the U.S. Food and Drug Administration (FDA) issued an emergency use authorization (EUA) for sample pooling of specimens when using the SARS-CoV-2 rRT-PCR diagnostic test from Quest Diagnostics....more

Got More Hand Sanitizer? (Part 2) More Legal and Business Considerations for New Market Entrants

This second McGuireWoods alert discussing regulation of hand sanitizer manufacture and distribution addresses new considerations from the Food and Drug Administration (FDA) published in a June 2020 update to its March 2020...more

FDA Asks Industry to Shoot for the Stars in Enhancing the Orange Book

Blasting off into summer, the U.S. Food and Drug Administration (FDA) is soliciting feedback from the industry about what they would want to see added to the Orange Book. FDA’s Orange Book (also known by its less-used formal...more

One of These Things Is Not Like the Others: FDA Flexibility With Food Ingredients During COVID-19

During the COVID-19 pandemic and national emergency, the U.S. Food and Drug Administration (FDA) has taken a relatively relaxed approach to some of the more concrete regulations governing the nation’s food supply. This month,...more

Pharmacy Developments Related to COVID-19 Testing and Compounding of Critical Drugs

COVID-19 has forced the healthcare system to adapt to a unique set of circumstances. As reported in prior McGuireWoods updates, a number of state and federal developments have affected the practice of pharmacy during the...more

FDA Relaxes Nutrition Labeling Requirements for Restaurants During COVID-19

The COVID-19 emergency has impacted all aspects of the food and beverage industry, and restaurants are no exception. Realizing the essential economic and food service roles restaurants play — and that restaurants’ needs have...more

FDA Suspends Some Restrictions to Facilitate Veterinary Telemedicine Amid COVID-19 Crisis

To provide relief during the coronavirus (COVID-19) pandemic, the U.S. Food and Drug Administration (FDA) announced on March 24, 2020, that it will not enforce certain veterinarian-client patient relationship (VCPR)...more

USDA Decides It’s Time To Talk “Healthy” On Food Labels: Implications For Industry And Claims

With COVID-19 dominating headlines and food manufacturers struggling to ensure that grocery store shelves remain stocked during this pandemic, manufacturers may have missed an important update from the U.S. Department of...more

CARES Act Modernizes Over-The-Counter Drug Monograph Process

A complete overhaul to the over-the-counter (OTC) drug system quietly rode its way into law with the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act (H.R. 748), along with several other significant reform...more

Got Hand Sanitizer? Business and Legal Considerations for New Market Entrants

With the COVID-19 pandemic, the demand for hand sanitizer is extremely high, and the supply chain has not kept pace with that demand. In an effort to meet public need, several federal agencies, including the Food and Drug...more

FDA’s Emergency Use Authorization Process for COVID-19 Tests May Alleviate Shortage

As the nation battles shortages of novel coronavirus (COVID-19) testing kits, the U.S. Food and Drug Administration (FDA) has engaged its emergency use authorizations (EUA) process for unapproved products and uses to...more

FDA Changes Position on Clinical Trials and Respirators During COVID-19 Crisis

In light of the urgent need for medical intervention during the coronavirus pandemic, the Department of Health and Human Services (HHS), through the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control...more

FDA’s Dual Approach to Enforcing Federal Food, Drug, and Cosmetics Act During COVID-19 Crisis

The COVID-19 pandemic has brought a cascade of statements from the U.S. Food and Drug Administration (FDA) and the Department of Health and Human Services (HHS). Below are summaries of some of the more pertinent statements...more

Food Safety During COVID-19 Pandemic: FDA to Relax Some Requirements, USDA Inspections Continue

During the COVID-19 (coronavirus) national emergency, the Food and Drug Administration and U.S. Department of Agriculture continue to emphasize measures intended to keep the food supply safe....more

One Fish, Two Fish, Red Fish, Drugs Are Fish? Decision Shows FDCA’s Broad Definition of “Drug”

Consumers may not think of salmon as a drug, but according to a recent opinion out of the Northern District of California, certain genetically modified (GMO) salmon qualify as drugs under the Food, Drug, and Cosmetic Act...more

House Energy and Commerce Committee Subcommittee on Health: Cannabis Policies for the New Decade

On Jan. 15, the Subcommittee on Health of the Committee on Energy and Commerce held a legislative hearing to discuss cannabis policy. The focal point of most of the hearing was about research into marijuana, its extracts and...more

Cannabis and CBD in 2020: 10 Key Takeaways From MJBizCon

At last month’s MJBizCon, the premier gathering for cannabis and hemp industry experts, investors and industry professionals addressed cutting-edge issues in this rapidly expanding market....more

FDA Releases Draft Guidance on Transdermal and Topical Delivery Systems

The U.S. Food and Drug Administration (FDA) recently released a draft guidance document regarding transdermal and topical delivery systems, outlining the agency’s thoughts on process and product development. FDA considers...more

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