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Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from colleagues in other related life science disciplines. 

In This Issue

Industry Insights

I Know There Was Something I Forgot to Do: FDA Issues Notice of Noncompliance for Failure to Submit Required Information
By: Alan G. Minsk & Genevieve M. Razick  

On April 27, 2021, the Food and Drug Administration issued its first Notice of Noncompliance to a pharmaceutical company for failure to submit required information to the databank operated by the National Library of Medicine (which is a part of the National Institutes of Health). The agency has sent more than forty Pre-Notices of Noncompliance, but this is the first Notice of Noncompliance for a company’s failure to submit required summary results information. More >

A Series for FDA-Regulated Food Industry - Part 1: The Big Picture 
By: Robert Durkin & Genevieve M. Razick 

An old adage is that an “ounce of prevention is worth a pound of cure.” Perhaps no setting is a more appropriate example of this than a company whose business centers on food products regulated by the Federal Food and Drug Administration. Prevention and resolution of FDA-related regulatory compliance issues is the first step in mitigating or altogether preventing FDA enforcement actions. A sound regulatory compliance strategy is usually one that is based on individual products the company places into commerce, and takes into consideration the relative roles of both the company and those of its partners in the manufacturing and production chain. More >

Ninth Circuit Rules False Claims Act Suit Involving Off-Label Use of Medical Devices
By: W. Jerad Rissler

The United States Court of Appeals for the Ninth Circuit recently considered an Order of the Central District of California dismissing a qui tam False Claims Act (FCA) suit against a medical device manufacturer based on allegations that it: (1) marketed devices used in spinal fusion surgeries for an off-label and contraindicated use; (2) fraudulently obtained Food and Drug Administration (FDA) clearance; and (3) violated the Anti-Kickback Statute (AKS) by entering into rebate agreements with hospitals and providing remuneration to physicians. The Ninth Circuit affirmed the dismissal of the FCA claims based on first and third theories of liability. It partially affirmed and partially reversed the dismissal of the claims based on the second theory. More >

Upcoming Webinar

Trends in the Regulation and Marketing of Hemp-Derived Products: CBD & Beyond

On June 17, 2021 from 1:00 PM - 2:00 PM EDT, please join Robert Durkin, AGG of counsel and former FDA deputy director of the Office of Dietary Supplement Programs (ODSP), and Anuj Desai, AGG Intellectual Property partner and head of Trademarks, as they review trends over the past year in the marketing of hemp-derived supplement and personal care products, focusing on not just CBD, but also related cannabidiol products starting to make headway in the marketplace. To register for this complimentary webinar, please click here.
Industry Activities and Recognition

AGG's Life Sciences Practice Earns Nationwide Ranking in Chambers’ USA 2021 Guide

AGG earned notable rankings in Chambers’ recently released USA 2021 guide. The Life Sciences practice received a Nationwide ranking, and partner Alan Minsk, leader of our Pharmaceutical & Biotechnology and Food & Drug practices, retained his Nationwide ranking for Life Sciences. Chambers and Partners is an internationally acclaimed research group that ranks leading lawyers and law firms in their Chambers USA guide. The rankings are the results of in-depth marketing analysis, client feedback, and independent research. More > 


Alan Minsk to Present at Regulatory Affairs Professionals Society's Webinar

AGG Partner, Alan Minsk, will be presenting a webinar at Regulatory Affairs Professionals Society’s “US Regulation of Advertising, Promotion and Labeling for Medical Devices,” which takes place from June 17 – June 18, 2021. This virtual program will examine current guidelines and expectations for medical devices and how they impact the way you communicate with prospective and end users. To register for the program, please click here.

Robert Durkin Quoted in an Article by Politico Pro’s Morning Cannabis Newsletter

AGG of counsel, Robert Durkin, was quoted in an article by Politico Pro’s Morning Cannabis Newsletter titled “The Promise and Perils of New CBD Bill” on May 20. More >  


Kevin Bell Quoted in an Article by National Products Association

AGG partner and leader of the Dietary Supplements team, Kevin Bell, was quoted in an article by Natural Products Association titled “Waiving Vaccine Patent Rights Threatens American Innovation, Could Impact Supplement Industry, Warns NPA and Leading Patent Attorney” on May 7. More >   

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This newsletter is published by Arnall Golden Gregory’s Food & Drug and Government Affairs & Public Policy practices. This information presented provides a general summary of recent legal and regulatory developments. It is not intended to be, and should not be relied upon, as legal advice. For more information on the Food & Drug practice, please contact Alan G. Minsk.

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