Published: July 21, 2017

Last week, the U.S. House of Representatives (the House) passed by voice vote the FDA Reauthorization Act of 2017 (FDARA or the Act). Introduced on May 16, 2017 by House Energy and Commerce Committee Chairman Greg Walden (R-Ore.), Ranking Member Frank Pallone (D-NJ), and Health Subcommittee Ranking Member Rep. Gene Green (D-TX), the Act would reauthorize four key U.S.

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Published: July 20, 2017

The Federal Trade Commission (FTC or the Commission) announced a wave of reforms this week in line with Acting Chairman Maureen K. Ohlhausen’s mission to “aggressively” implement a Trump administration directive aimed at eliminating wasteful, unnecessary regulations and processes.

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Published: July 19, 2017

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018, as discussed here, was met with mixed reactions from industry.

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Published: July 5, 2017

As marijuana related businesses can attest, finding a bank or credit union that will provide financial services can be particularly challenging. After all, money earned from the production or sale of the Schedule I drug is federally illegal. While financial institutions can provide such businesses with accounts, under federal laws, banks must disclose marijuana-related transactions as suspicious activity. The U.S. Department of the Treasury (Treasury Department) allows banks to work with legal marijuana entities under limited circumstances but most lenders still hesitate.

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Published: June 30, 2017

The FTC’s determination that the use of sound board technology during a live telemarketer to consumer phone call is prohibited under its Telemarketing Sales Rule has been challenged in D.C. Circuit Court. In Soundboard Association v. Federal Trade Commission, suit number 17-5093, the petitioner argues that the FTC’s ban on the use of this technology violates Constitutional protections of free speech and was implemented without the FTC complying with the Administrative Procedures Act.

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Published: June 21, 2017

On June 15, 2017, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Dr. Scott Gottlieb announced that the Agency is developing a new Digital Health Innovation Plan (the Plan), through which FDA hopes to encourage industry growth by providing more regulatory certainty to device developers. Gottlieb also indicated that the Agency will soon pilot a new, risk-based approach toward regulating digital health technologies.

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Published: June 15, 2017

On June 13, 2017, the U.S. Food and Drug Administration (FDA or the Agency) delayed indefinitely the Nutrition Facts and Supplement Facts Label and Serving Size rules (the Rules), which were set to go live on July 26, 2018 for larger companies, and a year later for smaller companies.

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Published: June 9, 2017

Within the past few weeks, the U.S. Food and Drug Administration (FDA or the Agency) has taken a number of actions that could impact nearly all of the industries it regulates, but in particular, companies in the medical device and food spaces. These actions include:

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