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The Fourth Circuit Upholds CMS’ Definition of “Line-Extension Drug” and “New Formulation”

The FDA Law Blog

Gaulkin — On April 10, the Fourth Circuit unanimously affirmed a summary judgment ruling for the Centers for Medicare & Medicaid Services (CMS) regarding the agency’s definitions of “line-extension drug” and “new formulation” for purposes of determining rebates that drug manufacturers may owe the Medicaid Drug Rebate Program (MDRP).

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CMS Definition of “New Formulation” Upheld in Federal Court

The FDA Law Blog

Kirschenbaum — On March 31, the Federal District Court for the District of Maryland upheld CMS’s definition of a “new formulation” under the Medicaid Drug Rebate Program (MDRP). Examples in the regulation include extended-release formulations, new strengths, dosage forms, routes of administration, ingredients, and combinations.

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Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents

The FDA Law Blog

FTC, deep in its foray into the Orange Book, filed an Amicus Brief in the case arguing that the patents do not claim any FDA-approved drug. While the relevant regulation defines “drug product” as the “finished dosage form,” which theoretically includes the delivery device, the Court again falls back on the wording in 21 C.F.R.

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Levothyroxine for dogs: Dosage and safety

The Checkup by Singlecare

High thyroid hormone levels can’t be definitively established without a blood test. The recommended starting dosage in dogs is 0.02 They use clinical signs and blood tests to determine how well each dosage is working. The dosage strengths are too low. No maximum dosage has been established. mg/lb) daily.

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FDA Knows Its Own Strength—and It Includes Concentration

The FDA Law Blog

Karst — While the Biologics Price Competition and Innovation Act (“BPCIA”) is inherently distinct from the Hatch-Waxman Act, many of the fundamental concepts FDA adopted as it enacted the Hatch-Waxman Act made their way into FDA’s implementation of the BPCIA. FDA borrowed this definition from 21 C.F.R.

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Is famotidine safe during pregnancy?

The Checkup by Singlecare

Food and Drug Administration (FDA). There are no adequate or well-controlled studies in pregnant women to definitively say it’s risk-free. However, famotidine should be safe to use while breastfeeding as dosages of it have been administered to newborns in higher amounts than what is excreted in breast milk.

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Joint Basis for FDA/HHS Marijuana Rescheduling Recommendation Unveiled

The FDA Law Blog

Houck — In August 2023 the Food and Drug Administration (“FDA”) and Health and Human Services (“HHS”) recommended that the Drug Enforcement Administration (“DEA”) reschedule marijuana from schedule I under the federal Controlled Substances Act (“CSA”) to schedule III. By Larry K. 53,688 (Aug. 53,767 (Aug. 21 U.S.C. §

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