AGG Food and Drug Newsletter - May 2020

Arnall Golden Gregory LLP

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of AGG outside the Food and Drug practice. We are thinking of all of you in these difficult times, and hope all of you and your loved ones are safe.

Industry Insights

Not So Fast... New Guidance on the Development of COVID-19 Drugs and Biological Products Makes Clear that FDA Will Not Grant Emergency Use Authorization for Most Therapies

By: Carolina M. Wirth

The Food and Drug Administration has the difficult task of trying to balance the urgent need for therapeutics for the treatment of the Coronavirus Disease 2019 (COVID-19) with protecting the public health. While the agency has moved fairly quickly, with various degrees of success when it comes to diagnostics, personal protective equipment and ventilators, FDA has taken a more measured approach with drugs and biological products. More >

Competitive Generic Therapies: FDA Issues Final Guidance

By Alan G. Minsk and Seth S. Ray

The FDA Reauthorization Act of 2017 (FDARA) created a new pathway to incentivize the development of generic drugs where there is inadequate competition. Under this new pathway [new Section 506H of the Federal Food, Drug, and Cosmetic Act (FDC Act)], FDA may, at the request of an applicant, designate a drug with “inadequate generic competition” as a Competitive Generic Therapy (CGT). At the request of an applicant, FDA may also expedite the development and review of an abbreviated new drug application (ANDA) for a drug designated as a CGT. We will summarize the key points from the guidance in this Bulletin. More >

FDA Assists with the Voluntary Recall of a CBD Containing Product

By: Robert Durkin

On May 15, 2020, the Food and Drug Administration (FDA or “Agency”) announced a voluntary recall of a CBD containing product that tested positive for lead.1 According to information shared by FDA, the recalling firm is inspected and licensed under the Florida Department of Food and Agriculture and Consumer Services (FDFACS) to produce products containing CBD. A random sample of one of the company’s products was tested by FDACS and was found to contain lead levels at 4.7 ppm. Following the findings by FDFACS the company also had a sample of the product tested at an ISO-accredited lab. The results listed the lead content at 0.5ppm, putting it within the legal limits in Florida. However, the company initiated a voluntary recall of the implicated batch of product. More >

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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