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(Don’t Fear) the Regulator: FDA Clarifies When Software and Wellness Products Are Not Medical Devices

Key Takeaways - FDA’s 2026 guidance clarifies when digital health tools fall outside device regulation. Updated policies for clinical decision support (“CDS”) software and general wellness products provide clearer, more...more

HHS Proposes Medicare and Medicaid Participation Consequences for Hospitals Offering Gender-Affirming Care

Key Takeaways - The Declaration. Secretary Kennedy’s declaration concludes that pediatric gender-affirming care does not constitute a “safe and effective treatment” and that practitioners who furnish such services fall...more

We’d Been Waiting Forever: FDA Issues Congressionally Mandated Report on Use of PFAS in Cosmetics

Key Takeaways - FDA delivered its first assessment of PFAS in cosmetics. Issued on December 29, 2025, the statutory deadline under MoCRA, the report is the first federal assessment of PFAS in cosmetic products and establishes...more

OPDP Delivers a Surprise: FDA Issues a Notice of Violation for Another Unlawful TV Ad

Key Takeaways - FDA evaluates direct-to-consumer ads based on the overall impression conveyed to consumers. Visuals, graphics, and on-screen text can equally contribute to an ad’s message. SUPERs function only as secondary...more

Paranoid Android: FDA Advisory Committee Continues to Evaluate AI Mental Health Tools

Key Takeaways - FDA oversight of AI mental health tools is accelerating. The Digital Health Advisory Committee’s (“DHAC’s”) November 2025 meeting highlights FDA’s increased attention to digital health technologies such as...more

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