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Monthly Round-Up of What to Read on Pharma Law and Policy

Bill of Health

2023 Feb 25;S0012-3692(23)00301-X. 2023 Feb 7;329(5):386-392. 2023 Feb 13:e226444. 2023 Feb 3;4(2):e225610. Assessment of FDA-Approved Drugs Not Recommended for Use or Reimbursement in Other Countries, 2017-2020. 2023 Feb 13:e226787. Market dynamics of authorized generics in Medicaid from 2014 to 2020.

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FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

Health Law Advisor

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July 2014, and supersedes the FDA’s “A Guide to Informed Consent,” which was issued in September 1998.

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FDA Issues Orphan Drug Exclusivity Policy That Could Be a Catalyst for Future Litigation

Health Law Advisor

On January 24, 2023, FDA published a notice in the Federal Register entitled, “Clarification of Orphan-Drug Exclusivity Following Catalyst Pharms., The ODE, per the Orphan Drug Act prevents FDA from approving another applicant’s same drug for “the same disease or condition.” Becerra.” [1] Becerra.” [1]

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FDA Publishes New Guidance on Cybersecurity in Medical Devices

McGuire Wood

27, 2023, the U.S. Food and Drug Administration (FDA) released updated guidance regarding cybersecurity safety requirements for medical devices. To strengthen the QSR metrics, the FDA recommends implementing a secure product development framework (SPDF) to address cybersecurity risks.

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FDA Finalizes Its Informed Consent Guidance for IRBs, Clinical Investigators and Sponsors

Hall Render

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) finalized “ Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors ” (“Final Guidance”), following the FDA’s earlier issuance of draft guidance on the subject in July 2014. study sponsor, regulatory agencies, etc.)

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False and Deceptive Health Claims: Buyers Beware

Bill of Health

The FDA’s primary responsibility is over claims that appear on product labels (including packaging, product inserts, and promotional material at the point of sale), and the FTC regulates claims made in advertising in general. FDA regulations prescribe different standards for different products and claims. million to consumers.

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Migraine Company Fails to Avoid Own Headache: Jet Medical and Others to Pay $745,000 to Resolve Allegations that Medical Device was not Approved or Cleared before Commercialization

Healthcare Law Today

On January 4, 2023, the Department of Justice issued a press release stating that Jet Medical Inc. Food and Drug Administration (FDA) prior to distribution. The lawsuit alleged that the device was not approved or authorized by the FDA and that the procedure was not covered by Medicare. and Martech Medical Products Inc.,

FDA 59