Remove 2025 Remove Manufacturing Remove Statute
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FDA Begins Granting Advanced Manufacturing Technology Designations

FDA Law Blog

Schwartz In early April, Cellares became the first company to announce receipt of an Advanced Manufacturing Technology (AMT) designation from FDA. The types of supporting data and information to include with a request depend on the specific method of manufacturing and its proposed context of use. Tobolowsky & Mark I.

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US Supreme Court: Hearing in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico). Selling guns comparable to selling beer to teenagers?

Conflict of Laws

23-1141 took place in March 2025 before the US Supreme Court. As previously indicated, this is a much-politicized case brought by Mexico against US gun manufacturers. The hearing before the US Supreme Court took place on 4 March 2025. Estados Unidos Mexicanos (Mexico) No. We have previously reported on this case here and here.

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In Uncertain Times, Good Compliance and Quality Communication Habits Can Offer a Port in the Storm

FDA Law Blog

Trusting suppliers is still fundamental to any drug or device manufacturer. And the Department of Justice will still pursue viable civil and criminal cases , if not under the FCPA then under other statutes like the False Claims Act, Title 18 fraud and conspiracy, and even RICO. So, yes, compliance and quality still matter, a lot.

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CMS Proposes Rule to Implement Mandatory Medicare Part B Discarded Drug Rebates

FDA Law Blog

Under the new law, Part B will continue to pay for discarded amounts from single-dose containers, but the manufacturer must pay a rebate (called a “refund”) to Medicare for discarded amounts above a specified threshold. The manufacturer responsible for paying the refunds will be the company whose NDC is on the label.

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SCOTUS Hears Oral Arguments in FDA Vaping Challenge and Three Other Cases

Constitutional Law Reporter

.” The Fifth Circuit Court of Appeals has determined that a manufacturer may seek judicial review in that circuit even if it neither resides nor has its principal place of business there, so long as its petition is joined by a seller of its products, such as a gas station or convenience store, based in the circuit. Cunningham v.

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Oops!… [FDA] Did It Again: Another Orphan Drug Act Loss for FDA Based on Unambiguous Statutory Text; 11th Circuit Rules that the Scope of Orphan Drug Exclusivity is Determined by the Rare Disease or Condition Designated, and Not the Indication Approved

FDA Law Blog

In yet another decision based on statutory interpretation, an appellate court has decided that FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act (FDCA) is contrary to the plain text of the statute. Earlier this year, the D.C. And just last year , the D.C. 6 to less than 17 years of age).

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CMS Finalizes Guidance on Medicare Part D Manufacturer Discount Program

FDA Law Blog

As part of this change, the Coverage Gap Discount Program (CGDP), a program that has existed since 2011, will sunset on December 31, 2024, and be replaced by the Medicare Part D Manufacturer Discount Program (the “Discount Program”). CMS will send the final manufacturer invoice for discount liabilities accrued by then on April 30, 2028.