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Supreme Court may provide new vectors for commercial speech enforcement

Oct. 13, 2022
By Mark McCarty
The U.S. FDA’s regulation of commercial speech under the First Amendment has been controversial and has handed the agency several losses in court, but Arun Rao of the U.S. Department of Justice (DOJ) let it be known that DOJ is still keen on commercial speech enforcement. Rao said the case of Gonzalez v. Google, which will be heard by the Supreme Court, is an example of potentially precedent-setting litigation, and that manufacturers of drugs and devices may experience an uptick in enforcement depending on where the Supreme Court lands in Gonzalez.
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What’s in a name? Inquiring minds at the FDA want to know

Oct. 13, 2022
By Mari Serebrov
Prescription drug names are generally invented words that are often easier to spell than they are to pronounce. And, for the most part, they’re meaningless until they’ve been associated with a drug.
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Regulatory actions for Oct. 13, 2022

Oct. 13, 2022
Regulatory snapshots, including global drug submissions and approvals, clinical trial approvals and other regulatory decisions and designations: Aim, Biomind, Eagle, Elevar, Galectin, Merck & Co., Moerna, Pfizer, Regeneron, Sisaf.
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Abbott, other stakeholders seek expanded coverage for continuous glucose monitors

Oct. 12, 2022
By Mark McCarty
Two Medicare administrative contractors are examining a request for expanded Medicare coverage of continuous glucose monitors (CGMs) that would drop the requirement that patients routinely administer insulin at least three times a day. The requestors, Alameda, Calif.-based Abbott Diabetes Care Inc., and a group of stakeholders including the Juvenile Diabetes Research Foundation (JDRF), assert that such a change is not only endorsed by two medical societies, but is also supported by clinical evidence, and the net effect for industry may be to significantly accelerate sales of these devices.
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U.S. flag, stethoscope

CMS managers float advisory hearings, CED for breakthrough device coverage

Oct. 12, 2022
By Mark McCarty
The question of Medicare coverage for breakthrough devices is still in play at CMS, but managers there penned an Oct. 12 editorial that suggests that existing coverage mechanisms may have to suffice. CMS’s Lee Fleisher and Jonathan Blum said in the JAMA Internal Medicine (JAMA: IM) editorial that the agency might respond to the breakthrough device coverage question by applying the coverage with evidence development (CED) mechanism for breakthrough devices, suggesting that the policy might ultimately resemble the coverage mechanisms already available to industry.
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Moderna strengthened by Merck deal and new COVID-19 vaccine EUA

Oct. 12, 2022
By Lee Landenberger
It was a busy day at Moderna Inc. as Merck & Co. Inc. exercised its option to jointly develop and commercialize a personalized cancer vaccine with Moderna in a deal the two companies inked in 2016. Moderna also notched another emergency use authorization (EUA) for its COVID-19 vaccine, this one targeting the omicron variant, for use by those under age 18.
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Blue-and-red-vials.png

Humira competition an outlier as biosimilars seek global footing

Oct. 12, 2022
By Mari Serebrov
Many industry watchers are looking to 2023’s Humira biosimilar launch in the U.S. as a portent of the future of biosimilars. While it should help raise awareness of biosimilars in general and produce savings in the immunology sector, its distinctness could make it an outlier in the world of current and future biosimilar competition.
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Regulatory actions for Oct. 12, 2022

Oct. 12, 2022
Regulatory snapshots, including global submissions and approvals, clinical trial approvals and other regulatory decisions and designations: Etiometry, Neurologica, Osteocentric Technologies, Xact Robotics.
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Regulatory actions for Oct. 12, 2022

Oct. 12, 2022
Regulatory snapshots, including global drug submissions and approvals, clinical trial approvals and other regulatory decisions and designations: AB Science, Aquestive, Eligo, Gilead, Harm Reduction, Pharming, Rigel, Teraimmune.
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Toy bulldozer moving FDA letter blocks

FDA launches pilot version of total product life cycle advisory program

Oct. 11, 2022
By Mark McCarty
The U.S. FDA’s agreement with industry for the fifth device user fee agreement (MDUFA V) included a pilot for the total product life cycle advisory program, or TAP, which is designed to ensure that potential device problems are addressed before production of the finished device design. However, the agency acknowledged that the TAP program will require significant numbers of new hires, which promises to be a significant hurdle given that the agency struggled to meet its hiring goals under the previous device user fee agreement.
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