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Three Things to Know About FDA’s “Plausible Mechanism” Guidance

On February 23, 2026, the U.S. Food & Drug Administration (FDA) published a press announcement regarding a new draft guidance titled “Considerations for the Use of the Plausible Mechanism Framework to Develop Individualized...more

AI Trends For 2026 - How AI Is Rewiring Clinical Workflows and Medical Devices

AI tools in healthcare are no longer just boosting efficiency. They are reshaping how care is delivered, managed, and personalized. Below are the AI healthcare and medical device trends poised for major expansion in...more

FDA Releases Human Foods Program (HFP) 2026 Priority Deliverables

The U.S. Food and Drug Administration (FDA) Human Foods Program (HFP) published its 2026 Priority Deliverables, outlining a broad agenda under the Trump administration’s Make America Healthy Again (MAHA) strategy to advance...more

When Your Life Sciences Are on the Line: AI and the FDA

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the twelfth episode of When Your Life Sciences Are on...more

New U.S. Dietary Guidelines Released: What You Need to Know

On January 7, 2026, the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of Agriculture (“USDA”) released the 2025–2030 Dietary Guidelines for Americans (“DGAs” or “Guidelines”), representing the...more

BIOSECURE Act Update

The BIOSECURE Act, which restricts the ability of U.S. executive agencies to contract with “Biotechnology Companies of Concern,” is now law. First introduced in the 2023-2024 legislative session and nearly passed into law...more

It’s Baaack… The BIOSECURE Act Passes Senate

The BIOSECURE Act has returned in the 2025 legislative session in a new form as part of the Senate-passed version of the National Defense Authorization Act. The BIOSECURE Act (the “BIOSECURE Act” or the “Act”) was first...more

Three Things to Know about FDA’s Newest Draft Guidance on Cell & Gene Therapies

On September 23, 2025, the FDA published three new draft guidances that give insight into a regulatory framework for cell and gene therapies (CGTs) that is now coming into focus. By releasing these guidances together, FDA is...more

MAHA Strategy Report Signals Potential Changes for U.S. Food Policy and Regulation

On September 9, 2025, the Make America Healthy Again Commission published the “Make Our Children Healthy Again Strategy Report”. The Report sets out more than 120 actions to reshape U.S. food policy and regulation,...more

FDA and USDA Seek Comments on Defining Ultra-Processed Foods

On July 25, 2025, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) published a joint Request for Information (RFI) to solicit information and data to help the agencies develop a...more

DOJ and HHS Announce Formation of False Claims Act Working Group and Results of National Health Care Fraud Takedown

As we reported in our recent client alert, the Trump administration has made clear that it is committed to using the False Claims Act (FCA) to prosecute healthcare fraud. Two recent Trump administration moves give important...more

Key Developments in MedTech M&A: Momentum Despite Macroeconomic Uncertainty

2024 was a challenging year for M&A activity in the medical technology (“MedTech”) industry. Although some sectors experienced a rebound in deal volume, MedTech dealmakers were disproportionately affected by a difficult...more

MAHA Commission Publishes Report to Highlight Childhood Chronic Disease Drivers

On May 22, 2025, President Trump’s Make America Healthy Again (MAHA) Commission released an assessment titled “The MAHA Report: Make Our Children Healthy Again Assessment.” The report—framed as a “call to action”—stems from a...more

AI Transparency in Healthcare: Navigating a Changing Regulatory Landscape

Transparency of artificial intelligence (AI) systems in healthcare is quickly becoming a central concern for regulators due to potential impacts on patient safety, healthcare quality, bias mitigation, and public trust. To...more

FDA Seeks to Phase Out Synthetic Color Additives

On April 22, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced a major initiative to voluntarily phase out “petroleum-based synthetic dyes” (i.e., synthetic...more

HHS Secretary to FDA: Consider Elimination of GRAS Self-affirmation Pathway

On March 10, the U.S. Department of Health and Human Services (HHS) issued a press release emphasizing “radical transparency to make sure all Americans know what is in their food” and announcing that HHS Secretary Robert F....more

2024 Healthcare Fraud Enforcement Year in Review

In 2024, as in years past, healthcare fraud enforcement by the U.S. Department of Justice (DOJ) was substantial. Federal actions under the False Claims Act (FCA) alone resulted in $1.67 billion in settlements and judgments...more

DOJ Announces $2.92 Billion in False Claims Act Recoveries in Fiscal Year 2024

The Department of Justice published its False Claims Act (FCA) statistics for Fiscal Year 2024 this month, revealing a nearly 40% increase in whistleblower filings, increased recoveries year over year, and a near record...more

FDA Draft Guidance on Artificial Intelligence-Enabled Device Software Functions

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

FDA Releases Draft Guidance on Evaluating the Risk and Credibility of AI Used in Establishing Drug and Device Safety,...

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

What is “Healthy?” Are Fats In?

Yesterday, FDA released the final rule that updates the definition for “healthy” nutrient content claims. In an update that may be long overdue, manufacturers who use the term “healthy” (or derivative terms: “health,”...more

Stop-Gap Spending Bill Provision Takes Aim at Biologics Patent Litigation

UPDATE: The stop-gap spending bill has been revised to remove the provision discussed herein. However, life sciences companies should nonetheless take note of efforts by congress to enact patent-related reforms such as this....more

Patent Term Extension For Medical Devices

Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could...more

Microbes, Biotech Investigations, And Impacts: Midsummer Regulatory Updates From USDA-APHIS

After overhauling its biotechnology regulations for plants developed using genetic engineering, the United States Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) is again reevaluating its...more

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