News & Analysis as of

FDA Warning Letters

Verrill

The Proliferation of Fake Botox in the United States Draws Increased Federal Scrutiny

Verrill on

As the U.S. population ages, demand for Botulinum Toxin (“Botox”) continues to rise. The American Society of Plastic Surgeons reported that in 2022, Botox was the most commonly performed minimally invasive procedure, with 7.2...more

ArentFox Schiff

Safe Chain Shows the DSCSA Is a Compliance Mandate and a Criminal Boundary

ArentFox Schiff on

Last week’s jury convictions of Safe Chain Solutions’ co-owners in United States v. Brosius, No. 1:24-cr-20255 (S.D. Fla.) coupled with US Food and Drug Administration (FDA) Drug Supply Chain Security Act (DSCSA) enforcement...more

Fuerst Ittleman David & Joseph

Florida's New Stem Cell Laws: Unburdened by What Has Been

On July 1, 2025, Florida’s new “Stem Cell Therapy” legislation became effective, adding Fla.Stat. § 458.3245 to Florida’s Medical Practices statutes and § 459.0127 to Florida’s Osteopathic Medicine statutes. Florida’s new...more

McDermott Will & Schulte

FDA puts compounded weight loss drug advertising squarely in its crosshairs

The US Food and Drug Administration (FDA) recently issued warning letters to more than 40 compounding pharmacies, demanding that they cease certain advertising practices for a variety of compounded drug products, including...more

Wilson Sonsini Goodrich & Rosati

FDA Sends Warning Letters to More Than 50 GLP-1 Compounders and Manufacturers

In September 2025, the U.S. Food and Drug Administration (FDA) issued more than 50 warning letters to U.S. and international companies that compound or manufacture glucagon-like peptides (GLP-1) semaglutide and...more

Polsinelli

FDA Takes Aim at Drug Ads: What It Means for Compounding Pharmacies, Medspas and Telehealth Companies

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Key Takeaways - FDA has launched an aggressive new crackdown on direct-to-consumer (DTC) drug advertising, issuing nearly 100 cease-and-desist letters and thousands of notices — many targeting compounding pharmacies,...more

Epstein Becker & Green

HHS, FDA Target Direct-to-Consumer Drug Advertising: A Paradigm Shift in Patient-Focused Communications

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On September 16, 2025, the U.S. Food and Drug Administration (FDA) released more than 60 warning letters sent to specific pharmaceutical manufacturers, alleging misbranding of a particular drug through direct-to-consumer...more

Latham & Watkins LLP

FDA Begins Crackdown on Direct-to-Consumer Pharmaceutical Advertising

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FDA’s two-part strategy for reining in DTC advertisements involves greater enforcement combined with rulemaking to require more risk information in broadcast advertisements....more

Arnall Golden Gregory LLP

Talkin’ Bout a Revolution in Drug Advertising: What FDA’s DTC Crackdown Means for Pharma

Channeling Tracy Chapman’s 1988 hit, the Food and Drug Administration and the Department of Health & Human Services (“HHS”) are “talkin’ bout a revolution” in drug promotion. While many have described the latest actions as...more

Katten Muchin Rosenman LLP

FDA's AI-Powered Crackdown on Alleged Deceptive Drug Promotions

On September 9, 2025, the U.S. Food and Drug Administration (FDA) announced it is launching a targeted initiative to combat deceptive drug advertising. According to the announcement, the FDA sent thousands of letters warning...more

Gardner Law

Whoop vs. FDA

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In FDA regulatory matters, companies must carefully choose when to challenge the government, and when to comply. In a recent case, Whoop, the Boston-based wearable maker, has chosen to openly challenge the U.S. Food and Drug...more

Holland & Knight LLP

FDA Enforcement Against Dental Lab Could Have Broader Implications

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The U.S. Food and Drug Administration (FDA) recently published a warning letter (Warning Letter) targeting a dental laboratory after a lengthy inspection found that the dental laboratory's operations, which offer...more

Perkins Coie

Regulatory Update: FDA Takes Action on Concentrated Kratom-Derivative Products

Perkins Coie on

On July 29, 2025, the U.S. Food and Drug Administration (FDA) announced its recommendation to schedule 7-hydroxymitragynine (7-OH)—a concentrated byproduct of the kratom plant—under the Controlled Substances Act (CSA)....more

Wilson Sonsini Goodrich & Rosati

The FDA and WHOOP Debate Challenges the Line Between Wellness Products and Medical Devices

In July 2025, the U.S. Food and Drug Administration (FDA) issued a warning letter to WHOOP, Inc. (WHOOP), asserting that the company is marketing its wearable blood pressure product, or Blood Pressure Insights (BPI), in the...more

Orrick, Herrington & Sutcliffe LLP

Will FDA’s Warning Letter to WHOOP Put a Chill on Wearables?

FDA’s Warning Letter to WHOOP, a manufacturer of cutting-edge, wellness wearable tech, has sent shivers through an industry enjoying exponential growth in the health and wellness space. “Wellness technology”, a result of the...more

Arnall Golden Gregory LLP

Step by Step: FDA Cracks Down on Unauthorized Medical Device Modifications

The Food and Drug Administration recently issued a Warning Letter concerning unauthorized modifications made to a previously cleared medical device (i.e., 510(k)). ...more

McDonnell Boehnen Hulbert & Berghoff LLP

2024 Report on Notorious Markets

The Office of the U.S. Trade Representative (USTR) issued its "2024 Review of Notorious Markets for Counterfeiting and Piracy" on January 8th, directed to "prominent and illustrative examples of online and physical markets...more

Fuerst Ittleman David & Joseph

FDA Issues Five Warning Letters to Makers of Knockoff GLP-1 Drugs

On December 17, 2024, the FDA published five (5) warning letters previously issued to makers of knockoff GLP-1 drugs. Four of the five warning letters were to companies (specifically, Xcel Research, Prime Vitality, Summit...more

Foley & Lardner LLP

FDA Targets GLP-1 Providers with Warning Letters

Foley & Lardner LLP on

On December 17, the U.S. Food and Drug Administration (FDA) issued Warning Letters to five companies offering various GLP-1 products, including Semaglutide, Tirzepatide, Retatrutide, Cagrilintide, Mazdutide, Survodutide, and...more

Knobbe Martens

Test Anxiety: FDA Issues Warning Letters to Test Laboratories

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The Food and Drug Administration (FDA) recently issued warning letters to two third-party nonclinical testing laboratories. The FDA cited the laboratories for “oversight failures and animal care violations that raise concerns...more

Troutman Pepper Locke

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Jones Day

FDA Remote Regulatory Assessments Are Not So Remote Anymore

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The Food and Drug Administration ("FDA") recently issued its first warning letter to a domestic entity after conducting a remote regulatory assessment ("RRA"), indicating increased confidence and likely broader use of RRAs in...more

Perkins Coie

FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

Perkins Coie on

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more

Goodwin

Common FDA Bioresearch Monitoring (BIMO) Violations: Updates from FY 2023 to Now

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The Bioresearch Monitoring (BIMO) Program, operated by the U.S. Food and Drug Administration (FDA), conducts on-site inspections and data audits in order to effectively monitor the compliance of all FDA-regulated research....more

Troutman Pepper Locke

FDA Unauthorized ENDS Enforcement: 2024 Mid-Year Roundup

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In the first half of 2024, the U.S. Food and Drug Administration (FDA) has continued to ramp up efforts to limit sales of unauthorized electronic nicotine delivery systems (ENDS). We previously reported on FDA’s heightened...more

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