News & Analysis as of

Over-the-Counter Sales Food and Drug Administration (FDA)

Mintz - Health Care Viewpoints

State AGs Demand Action on Pulse Oximeter Inaccuracy as FDA's Efforts Lag

A new battle is emerging in the fight for health equity, and it’s centered on the humble pulse oximeter. On November 1, 2023, 25 state attorneys general sent a letter to the Food and Drug Administration (FDA) demanding that...more

Holland & Hart LLP

Over-the-Counter but Underregulated – The Facts About Pet Products Containing CBD and Hemp

Holland & Hart LLP on

The market for pet CBD has soared from almost zero in 2016 to roughly $60 million last year. By 2025, Nielsen Global Connect, a division of Nielsen that focuses on data for manufacturers and retailers, estimates that...more

Mintz - Health Care Viewpoints

FDA’s Review of Pulse Oximeter Performance Continues a Trend in Addressing Biases in Digital Health Technologies

The U.S. Food and Drug Administration (FDA) will schedule a public meeting of the Medical Devices Advisory Committee later this year to discuss study results, real-world data, and other evidence concerning the accuracy and...more

Cozen O'Connor

The State AG Report – 1.20.2022

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Student Loan Servicer Agrees to Cancel $1.7...more

Cozen O'Connor

Attorneys General Bend FDA’s Ear on Proposed Rule for Over-the-Counter Hearing Aids

Cozen O'Connor on

The National Association of Attorneys General sent a comment letter to the FDA, signed by a bipartisan group of 42 AGs, urging it to ensure that states’ authority to protect consumers is not preempted in its proposed rule...more

Amundsen Davis LLC

Biden’s Insurance Plan Mandate to Cover At-Home COVID-19 Tests, But Not for Employment Purposes

Amundsen Davis LLC on

President Biden announced on January 10th that the Biden-Harris Administration is requiring insurance companies and group health plans to cover the cost of over-the-counter (OTC), at-home COVID-19 tests. Beginning January 15,...more

American Conference Institute (ACI)

[Virtual Event] Advanced Legal, Regulatory and Compliance Forum on Over the Counter Drugs - February 26th, 9:00 am - 5:45 pm EST

A comprehensive guide to the latest developments affecting non-prescription drug products under Monograph Reform. American Conference Institute’s Advanced Legal, Regulatory and Compliance Forum on Over-the-Counter Drugs will...more

McDermott Will & Emery

CARES Act Reforms to Address Drug and Device Shortages and Updates to the OTC Drug Monographs

McDermott Will & Emery on

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, into law in response to the COVID-19 pandemic. Among other healthcare-related provisions, the CARES Act addresses...more

Holland & Hart - Employers' Lawyers

HEALTHCARE: Health Provisions/Medicare & Medicare Extenders/OTC Drugs

The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion...more

Mintz - Health Care Viewpoints

Coronavirus Relief Bill Includes Surprise Addition: OTC Monograph Reform Bill Becomes Law

As a follow up to our recent blog post, FDA User Fees: Highlights from FDARA & Our Forecast for the Next Round, President Trump signed the bipartisan over-the-counter (OTC) monograph reform bill into law on March 27, 2020....more

Seyfarth Shaw LLP

The Week in Weed: March 2020 #2

Seyfarth Shaw LLP on

FEDERAL NEWS - The big news this week was the FDA’s report to Congress on CBD.  The report did not set out a timeline for usage guidelines, citing the need for more data.  Commissioner Stephen Hahn did indicate he thought...more

Mintz - Health Care Viewpoints

FDA User Fees: Highlights from FDARA & Our Forecast for the Next Round

As discussed in an earlier blog post, the process for reauthorizing human medical product user fee programs at the Food and Drug Administration (FDA) for another 5-year period is getting started this year. Below we highlight...more

Mintz - Health Care Viewpoints

The Other Shoe Drops: FDA Withdraws 30-Year-Old Homeopathic Drug Enforcement Policy and Puts Industry on Notice of Further...

To anyone who has been following government enforcement and private litigation trends related to the over-the-counter (OTC) homeopathic drug industry over the past several years, the Food and Drug Administration’s (FDA)...more

Hogan Lovells

FDA Chief of Staff: OTC reform remains “top priority” for FDA

Hogan Lovells on

Speaking Tuesday, May 21, at the Consumer Health Products Association Regulatory, Scientific, and Quality Conference, FDA Chief of Staff Lauren Silvis emphasized that over-the-counter (OTC) monograph reform remains a “top...more

BakerHostetler

FDA and Pharmacy Weekly Digest - May 2019 #2

BakerHostetler on

Food/Dietary Supplements - FDA Releases Food Contact Guidance – The FDA published a guidance titled “Preparation of Food Contact Notifications for Food Contact Substances in Contact with Infant Formula and/or Human Milk:...more

Stinson LLP

Cosmetics Regulation: Where It Is and Where It May Be Going

Stinson LLP on

On March 5, the U.S. Food and Drug Administration (FDA) simultaneously published its independent testing results confirming the presence of asbestos in certain cosmetic products sold by Claire’s and by the girls'...more

Hogan Lovells

With the Statutory Deadline Approaching, FDA Issues a Proposed Sunscreens Rule

Hogan Lovells on

On February 26, FDA published the proposed rule, “Sunscreen Drug Products for Over-the-Counter Human Use,” which describes the conditions under which Over-the-Counter (OTC) sunscreen monograph products are generally...more

Locke Lord LLP

USA FDA Announced Significant Proposed Changes in the Regulation of Sunscreen Products

Locke Lord LLP on

On February 26, 2019, the FDA published yet another additional proposed rule in the proceedings to finalize the OTC Sunscreen Monograph. Comments on the proposed rule may be filed with the FDA within 90 days from the...more

Bergeson & Campbell, P.C.

FDA Will Publish Proposed Rule for OTC Sunscreen Drug Products

The U.S. Food and Drug Administration (FDA) is scheduled to publish a proposed rule in the Federal Register on February 26, 2019, that would put into effect a final monograph for nonprescription, over-the-counter (OTC)...more

Bergeson & Campbell, P.C.

FDA Proposed Rule for OTC Sunscreen Drug Products Addresses Combination Sunscreen-Insect Repellent Products

The U.S. Food and Drug Administration (FDA) is scheduled to publish a proposed rule in the Federal Register on February 26, 2019, that would put into effect a final monograph for nonprescription, over-the-counter (OTC)...more

Bergeson & Campbell, P.C.

FDA Proposed Rule for OTC Sunscreen Drug Products Addresses Sunscreens Containing Nanomaterials

The Food and Drug Administration (FDA) is scheduled to publish a proposed rule in the Federal Register on February 26, 2019, that would put into effect a final monograph for nonprescription, over-the-counter (OTC) sunscreen...more

Arnall Golden Gregory LLP

Over-the-Counter (OTC) Monograph Reform Momentum Strong in 2019: Federal Legislation Update in the New 116th Congress

Recent developments in Congress deserve the attention of companies with over-the-counter drug products. Major legislation addressing comprehensive reform of the OTC drug monograph process, which nearly passed last year, has...more

Hogan Lovells

12 Years Later: Court Prohibits Marketing of Prescription Versions of OTC Drug

Hogan Lovells on

In a big win for the Food and Drug Administration (FDA), the D.C. Circuit of the United States Court of Appeals reinforced FDA’s position on what constitutes a “meaningful difference” between prescription and over-the-counter...more

Morgan Lewis

Impending Tariffs on China to Impact Manufacturers of Dietary Supplements, OTC Drugs, Cosmetics

Morgan Lewis on

Newly approved tariffs would impose 10 to eventual 25% tariffs on hundreds of chemical ingredients imported from China used for many FDA-regulated products, including dietary supplements, OTC drugs, and cosmetics....more

Searcy Denney Scarola Barnhart & Shipley

Check Your Medicine Cabinet: FDA Announces Voluntary Recall for Over-the-Counter CVS Nasal Mist Due to Microbiological...

For the 26.9 million sufferers of sinus pain and pressure, nasal sprays are one of the most recommended and effective methods of relief. But one product, labeled as a CVS brand nasal mist, is being pulled off the shelves....more

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