01
Oct

Slicing the Bologna Too Thin Leads to Appeals Court’s Overturning District Court’s Ruling – Harkens Back to Skinny Label in Recent “Inducement to Infringe” Decisions – I’m Confused

Everyone knows that I am not a lawyer; I’m just a regulatory geek.  But in the case of Catalyst Pharmaceuticals v. FDA and Jacobus in an orphan drug dispute, where the case rested on whether the phrase “same disease or condition” is ambiguous, there are few things that confuse me. The central issue is the […]

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29
Sep

FY 2022 Fees for Using Priority Review Vouchers Announced 

Today’s prepublication of the Federal Register (FR) contains the fees to be assessed for three priority review vouchers, namely the material threat medical countermeasure (MCM) priority review voucher; the rare pediatric disease priority review voucher, and the tropical disease priority review voucher.  These fees were announced in three separate FR notices (here, here, and here).  These vouchers are awarded to sponsors that submit and […]

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27
Sep

FDA Posts August 2021 Official Approval Actions, CRLs, and ANDA Receipts 

There is a baking show on Netflix called “Nailed It.”  The show is a riot, and its premise is based on amateur bakers trying to copy a creation baked by a famous pastry chef.  The amateur baker that comes closest gets a trophy that says, “Nailed It,” even though (in reality) their end-product may look nothing like the professional’s version.  Anyway, as far as the approval-action predictions we issued […]

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24
Sep
First

First Generic Approvals for 2021 List Updated

The FDA has updated its first-generic approvals list for calendar year 2021 (here).  The report is current through August 31, 2021 and lists a total of sixty-eight first-time approvals.  As the FDA explains, “First generics are just what they sound like—the first approval by FDA which permits a manufacturer to market a generic drug product […]

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20
Sep
Cropped shot of a team of colleagues showing thumbs up at work

Q&A Guidance for Frequent Quality Issues Posts on FDA Page

On Monday, September 20, 2021, a guidance document entitled Questions and Answers on Quality Related Controlled Correspondence (here) hit the FDA webpage late in the afternoon.  This document provides specific recommendations for generic drug quality issues that have been the raised repeatedly through controlled correspondence (CCs) submitted by numerous stakeholders.  OGD decided to issue the […]

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14
Sep

Whoops, Lots of OTC Manufacturers Missed the Deadline – FDA Releases OTC Arrears List

The FDA published its first arrears list for failure to pay FY 2021 Over-the-Counter Monograph User Fee Act (OMUFA) facility fees.  Invoices were emailed on June 25, 2021 for fees not paid by the May 10, 2021 due date.  And, holy smokes, there are almost 500 firms on the arrears list.  Twenty‑eight are contract manufacturing organizations […]

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07
Sep
Novel Photo

Pilot Program for Novel Excipients Announced

The use of novel excipients has potential to assist in the development of better final drug-product formulations for patients.  However, drug-product manufacturers are hesitant to use novel excipients in product development because of the uncertainty of the expectations of the FDA and, ultimately, on the FDA’s acceptance of the new excipients in its development program. […]

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