News & Analysis as of

Food and Drug Act

Brownstein Hyatt Farber Schreck

Microplastics Bring Macro Concerns to the Food Space

While the term “microplastics” has been making waves in certain circles, especially in the context of seafood and water, broader public unease about their presence in our foods is ramping up at a concerning pace. A recently...more

Jones Day

FDA Announces Proposed Rule Regarding Laboratory Developed Tests

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The highly anticipated rule, which would make explicit that LDTs are medical devices subject to FDA oversight, proposes to end the agency's general enforcement discretion approach to such devices....more

King & Spalding

Nearly a Century in the Making: Congress Modernizes FDA’s Regulation of Cosmetics

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The Modernization of Cosmetics Regulation Act of 2022 (“MOCRA”) was signed into law alongside other reforms to the Federal Food, Drug, and Cosmetic Act (“FD&C Act”) on December 29, 2022, as part of a broader consolidated...more

Faegre Drinker Biddle & Reath LLP

FDA issues final rule clarifying its “intended use” regulations for pharmaceuticals and medical devices

The FDA issued a final rule (RIN 0910-A147) on August 2, 2021, to clarify its “intended use” regulations for pharmaceutical products and medical devices — 21 CFR §201.128 (drugs) and 21 CFR §801.4 (devices). The final rule...more

Smart & Biggar

Amendments to Food and Drug Regulations (Exports), Natural Health Products Regulations (Labelling)

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The Federal Government has published the following proposed amending regulations in Part 1 of the Canada Gazette: - Regulations Amending the Food and Drug Regulations (Exports and Transhipments of Drugs): The amendments...more

Constangy, Brooks, Smith & Prophete, LLP

A Few Grains Of Salt About That COVID Vaccine Decision From Texas

Don't rely on it too much -- yet. We recently got our first federal court decision addressing whether an employer had the right to require employees to be vaccinated for COVID-19. The court's answer was yes... ...more

Smart & Biggar

Special Access Program and Emergency Drug Release Program amendments in force

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On September 28, 2020, the Regulations Amending Certain Regulations Made under the Food and Drugs Act (Sale of a New Drug for Emergency Treatment) (Regulations) came into force. Health Canada subsequently published a Notice,...more

Smart & Biggar

Clinical trials relating to COVID-19

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UPDATE: The Interim Order No. 2 respecting clinical trials for medical devices and drugs relating to COVID-19: Notice was made on May 3, 2021 (see Notice here) and repeals the Interim Order respecting clinical trials for...more

Smart & Biggar

Welcome to Canada! 8 important life sciences IP issues for innovators doing business in Canada

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Spanning 5525 miles, the United States-Canada border is the longest border between any two countries. U.S. goods and services trade with Canada totaled an estimated $718.5 billion in 2018, possibly the largest bilateral trade...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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This article was last updated on July 10, 2020. In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new...more

Smart & Biggar

Federal Court dismisses application for judicial review of Health Canada’s refusal to grant NHP licence for BOLUOKE oral...

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Update: On November 2, 2021, the Federal Court of Appeal dismissed C-RNA’s appeal from McHaffie J.’s decision: Canada RNA Biochemical Inc v Canada (Minister of Health), 2021 FCA 213. On June 4, 2020 the Federal Court...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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This article was last updated on June 26, 2020. In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new...more

Smart & Biggar

From regulatory flexibility to reimbursement changes, how Canadian regulators and payers are managing the COVID-19 crisis

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UPDATE: The Interim Order No. 2 Respecting Drugs, Medical Devices and Foods for a Special Dietary Purpose in Relation to COVID-19 was made on March 1, 2021 and repeals and replaces the Interim Order Respecting Drugs, Medical...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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In view of COVID-19, as of March 31, 2020: Patent, trademark and industrial design deadlines that fall due between March 16 - April 30 are extended until May 1 (see here and FAQs regarding the initial extension)....more

Smart & Biggar

2019 Highlights in Canadian Life Sciences IP and Regulatory Law

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In 2019, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. We review top developments below: 1) PMPRB: Amendments to Regulations will come into force July 1, 2020, court...more

Bennett Jones LLP

FTC Crackdown on Health Claims for CBD Products and the Canadian Side of the Story

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The U.S. Federal Trade Commission (FTC) announced last week it had sent warning letters to three companies advertising cannabidiol products with unproven claims that their products were able to treat or cure serious ailments...more

Smart & Biggar

Rx IP Update - April 2019

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PMPRB amendments expected to come into force no earlier than Spring 2020 - On April 1, 2019, Health Canada released Forward Regulatory Plan 2019-2021: Regulations Amending the Patented Medicines Regulations. This brief...more

Smart & Biggar

First judicial consideration of Vanessa’s Law: Health Canada must disclose requested clinical trial data

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In the first case calling upon a court to interpret and apply Vanessa’s Law, the Federal Court has ordered Health Canada to release requested complete copies of all sections of all clinical study reports and all electronic...more

Smart & Biggar

Rx IP Update - May 2018

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An Update on Vanessa’s Law - This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act...more

Smart & Biggar

An Update on Vanessa’s Law

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This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act (“FDA”) and granting new powers to...more

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