Negotiated Rulemaking: The Next Step in Regulatory Innovation at the Food and Drug Administration

Posted on May 2010 by Author: Julia Kobick was the Honorable Mention winner in the 2009 H. Thomas Austern Memorial Writing competition – short paper. She is a student at Harvard Law School, Cambridge, MA.

65 Food and Drug Law Journal, 425-446 (2010). Negotiated rulemaking is a regulatory tool designed to build consensus on regulations before notice and comment rulemaking procedures. An agency conve...read more

A Disclosure Dilemma: What You Don't Know Can Kill You, But So Can What You Do Know

Posted on May 2010 by Lisa M. von Biela received her JD in 2009 from the University of Minnesota Law School.

65 Food and Drug Law Journal, 317-346 (2010). No medical intervention comes without risks. Certain risks may be grave, but will only occur in a fractional percentage of cases. When does the disclos...read more

65 Food and Drug Law Journal, 37-66 (2010).   The sequencing of the human genome and the revolution it has caused in biomedical science created hope for a new era in the prevention and treatm...read more

65 Food and Drug Law Journal 141-158 (2010). Pharmaceutical and medical device manufacturers contract with thousands of physicians each year, and struggle to comply with the Fair Market Value requ...read more

65 Food and Drug Law Journal 67-112 (2010).   The Food and Drug Administration Amendments Act of 2007 (FDAAA) authorized the U.S. Food and Drug Administration (FDA) to develop a 100-million-p...read more

Evolution Along the Government- Goverance Continuum: FDA's Orphan Products and Fast Track Programs as Exemplar of "What Works" for Innovation and Regulation

Posted on November 2009 by "Christopher-Paul Milne, Associate Director of the Tufts Center for the Study of Drug Development, Tufts University, Boston, MA and Joyce Tait, Scientific Advisor to the ESRC Innogen Center and a Professor at the University of Edinburgh, Scotland"

64 Food and Drug Law Journal 733-754 (2009). In governing the life sciences, there is a need to foster innovation, but also to control risk. While the scientific complexity and public unease with n...read more

Crises, Congress and Cognitive Biases: A Critical Examination of Food and Drug Legislation in the United States

Posted on November 2009 by Sharon B. Jacobs, Associate with the law firm of Covington & Burling LLC, Washington, DC

64 Food and Drug Law Journal 599-630 (2009). At the turn of the century, newspapers across America carried reports of a handful of infant deaths in St. Louis linked to contaminated diphtheria vacci...read more

Emerging Product Categories in India: A Regulatory View

Posted on November 2009 by Maruthi Prasad Palthur, Director of Regulatory Affairs and Quality at Indigene Pharmaceuticals, Inc., Westborough, MA

64 Food and Drug Law Journal 677-692 (2009). The world market for functional foods, nutraceuticals, and dietetic products has been expanding and is driven by demographic, economic, and social trend...read more

Your Business in Court: 2008-2009

Posted on November 2009 by John B. Reiss, Partner in the Business Department of the law firm of Saul Ewing, LLP, Philadelphia, PA and Nichole Alling, A 2009 Summer Clerk with the law firm of Saul Ewing, LLP, Philadelphia, PA

64 Food and Drug Law Journal 755-804 (2009). While this year is likely to bring major policy changes as a result of the potential health system reform legislation, the trends in agency activities a...read more

Pediatric Exclusivities in Europe - Aquest for the Grail?

Posted on November 2009 by Geneviève Michaux, Of Counsel with the law firm of Covington & Burling LLC, Brussels, Belgium

64 Food and Drug Law Journal, 631-662 (2009). This article examines the rules applicable to pediatric rewards and their interpretation by the competent European authorities, i.e. the European Commi...read more