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Marijuana: Top Ten Reasons for Descheduling, Rescheduling or Not

FDA Law Blog: Biosimilars

The wide range of assertions supporting or opposing Health and Human Services’ (“HHS’”) recommendation that the Drug Enforcement Administration (“DEA”) reschedule cannabis federally from schedule I to schedule III would lead an outsider to conclude that commenters are referring to different substances. Letter to U.S.

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Another Update on Medical Abortion Litigation

Drug & Device Law

In our line of work, much of what we do depends on the continuing validity of what the FDA does with respect to prescription medical products. 341 (2001), is so important. It prevents plaintiffs in prescription medical product liability litigation from making collateral attacks on in-force FDA decisions. FDA , 727 F.

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Another Update on Medical Abortion Litigation

Drug & Device Law

In our line of work, much of what we do depends on the continuing validity of how the FDA regulates prescription medical products. 341 (2001), is so important. It prevents plaintiffs in prescription medical product liability litigation from making collateral attacks on in-force FDA decisions. FDA , 727 F. 1, 6 (D.D.C.

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Another RICOdiculous Decision

Drug & Device Law

2019) (“ PATDC82 I ”), because the third-party payor (“TPP”) plaintiffs were allowed to misuse RICO to pursue what was essentially a garden variety inadequate warning case – that the drug Actos increased the risk of bladder cancer. What’s worse, the fraud on the FDA claim, if brought under state law, would be preempted by Buckman Co.

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Split Decision

Drug & Device Law

The underlying liability allegations are little different than what has been asserted in the Zantac MDL, which we described here: Zantac is a drug that has been around, in branded or generic form, since 1983. In other words, the generic manufacturers are not allowed to change the FDA-approved label. 2022 WL 53700, at *3.

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Another Reason Why The FDA, Not Litigants, Approves Products

Drug & Device Law

Congress created an FDA approval process that is both rigorous and thorough, and pharmaceutical companies invest billions of dollars in research and development to meet FDA’s scientific standards. Doctors Who Perform Abortions: Their Characteristics & Patterns of Holding & Using Hospital Privileges,” 6.

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Life-Saving Drugs and Chicken Bones: California Court Expands Innovator Duties of Care

Drug & Device Law

At issue was whether a product manufacturer could be liable to patients taking one drug for failing to bring a different, but allegedly safer drug to market sooner than it actually did. The drugs at issue are life-saving antiretroviral drugs used to treat patients with HIV. But how did we get here? This is a major issue.