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The Most Engaging Decision You’ll Read All Year – Five Stars

FDA Law

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. FDA extended PMTA compliance deadlines for years so it could figure out appropriate application instructions and so that manufacturers could figure out how to comply.

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A Short-Term Gain for a Long-Term Loss? The Build Back Better Act’s Medicare Drug Price Negotiation Program Ignores Hatch-Waxman/BPCIA Realities. and that May Mean Big Bad Business for Generic Drug/Biosimilar Manufacturers

FDA Law

5376 that has garnered the greatest amount of attention (at least in the food and drug law world) is TITLE XIII, Subtitle J (Drug Pricing), Part 1 (Lowering Prices Through Fair Drug Price Negotiation), Section 139001 (Providing for Lower Prices for Certain High-Priced Single Source Drugs). One of the new programs included in the H.R.

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Here It Goes, Here It Goes, Here It Goes Again: The Build Back Better Act (Redux)

FDA Law

With 190 pages dedicated to prescription drug pricing reform, the program is ambitious…and complicated. As a threshold matter, the 2-year delay provision does not solve the core problem for biosimilars manufacturers: the lack of predictability that Build Back Better injects into biosimilar development.

IT 52
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Would I FIE to You? FDA’s First Interchangeable Exclusivity Determination Results in Expiration

FDA Law

Important to note here is that each interchangeable biosimilar was first approved as a biosimilar and each biosimilar manufacturer had been sued under the so-called “patent dance” procedure prior to seeking licensure of the biosimilar products as interchangeable. This all sounds complicated, I know.

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Planning for the End of the COVID-19 Public Health Emergency

FDA Law

The President’s comments caused us, who work in the medical product industry, to wonder how the federal government officially declares an end to the Covid-19 public health emergency. FDA provides FAQs about what happens to EUAs when a public health emergency ends (see here ). We all look forward to the end of the COVID-19 pandemic.

Medical 98