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U.S. Marshals Seize Products from California Firm upon FDA ’s Repeated Finding of Violations

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On May 22, 2012, the U.S. Food and Drug Administration (“FDA”) announced that U.S. Marshals, acting at the requests of the Agency, had seized certain products deemed to be unapproved new drugs. HybriSil (methylprednisolone acetate 1% in silicone gel), the drug at issue was being marketed without FDA approval and therefore in violation of the Federal Food, Drug and Cosmetic Act (“FFDCA”). In particular, the seizure came as a result of two inspections conducted by the Agency, where the firm was found to be selling the product in violation of a number of FDCA provisions. Crescendo Therapeutics, LLC, the firm…
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FDA Notifies Consumers of Supplement Recall after Discovery of Undeclared Drug Ingredients

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On May 18, 2012, the U.S. Food and Drug Administration (“FDA”) published a press release announcing the voluntary recall of certain dietary supplements marketed as male enhancements. West Coast Nutritionals, Ltd., the firm responsible for the supplements, initiated the recall after an FDA laboratory analysis uncovered the presence of undeclared Tadalafil in an assortment of the Company’s products. Tadalafil is the active ingredient in Cialis, the popular drug approved by the FDA to treat Erectile Dysfunction (“ED”). Because of the presence of the undeclared pharmaceutical ingredient, the FDA warns that the Company’s products are considered unapproved new drugs under the…
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FDA Approves New Orphan Drug (Elelyso) to Treat Gaucher Disease

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On May 1, 2012, the U.S. Food and Drug Administration (“FDA”) approved a new orphan drug to treat Gaucher disease. The drug, Elelyso (taliglucerase alfa), is an injection therapy used for enzyme replacement in people with the rare genetic disorder.  Gaucher disease is essentially an enzyme deficiency that causes the buildup of lipids in several organs, including the liver and kidneys. Approved specifically to replace the missing enzyme (glucocerebrosidase) in patients with a confirmed diagnosis of Type 1 Gaucher disease, the drug underwent testing and approval through the FDA’s orphan drug designation process. Pursuant to the Orphan Drug Act of…
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FDA Approves Drug for Treatment of Plague Through Animal Efficacy Rule

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On April 27, 2012, the U.S. Food and Drug Administration (“FDA”) approved Levaquin (levofloxacin), a drug used to treat those afflicted with plague. In addition to treating those with the deadly infection, Levaquin is also approved to reduce the risk of contracting plague after exposure to Yersinia pestis, the bacteria responsible for causing the disease. Although the FDA estimates that only 1,000 to 2,000 people worldwide contract the infection each year, the Agency is interested in expanding available treatment options for the disease based on its belief that it could potentially be used as a bioterrorism agent in the future.…
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FDA Approves Vivus Inc.’s Stendra to Treat Erectile Dysfunction

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On April 27, 2012, the U.S. Food and Drug Administration (“FDA”) approved the drug Stendra (avanafil), a drug used to treat erectile dysfunction (“ED”). Marketed by Vivus, Inc., Stendra is intended to be taken by men on an as-needed basis approximately thirty minutes prior to sexual activity. While several drugs used to treat ED are already on the market, including Viagra (sildenafil citrate) and Cialis (tadalafil), this recent approval marks the expansion of treatment options for those with ED. Under the FDA’s regulatory regime, drug sponsors must demonstrate that a drug is safe and effective for its intended use in…
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FDA Publishes Global Engagement Report, Highlighting Efforts Abroad

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On April 23, 2012, the U.S. Food and Drug Administration (“FDA”) released its “Global Engagement Report,” a document detailing the various strategies undertaken by the agency to ensure that FDA-regulated products, including foods, medical devices, drugs, etc., are manufactured under the same quality and safety standards as those produced domestically. Found here, the Engagement Report acknowledges the dramatic increase in importation of FDA-regulated products in recent years. For example, according to the Agency, imported foods have nearly doubled since 2002. The Engagement Report also sets forth the efforts that the FDA is taking to ensure that these products meet federal…
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FDA Approves Boniva Generics

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On March 19, 2012, the U.S. Food and Drug Administration (“FDA”) announced the approval of generic versions of the drug Boniva (ibandronate). Boniva, manufactured by Genentech Inc., is a once-monthly tablet used in the treatment and prevention of osteoporosis in women. These recent FDA approvals are the first allowing the sale of generic versions of Boniva. Generic drugs are approved by a process where a drug sponsor submits an Abbreviated New Drug Application (“ANDA”). In contrast to New Drug Applications (“NDAs”), an ANDA is considered “abbreviated” because the drug sponsor is typically not required to submit preclinical (animal) or clinical (human)…
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