Hot Topics for Food, Drug and Cosmetic Law Section
Brian J. Malkin, Chair of the NYSBA Food, Drug and Cosmetic Law Section writes: The Food, Drug and Cosmetic Law Section this year has focused its program in selecting topics of a cross-functional nature, as discussed below.
January 19, 2018 at 02:00 PM
3 minute read
The Food, Drug and Cosmetic Law Section this year has focused its program in selecting topics of a cross-functional nature, as discussed below.
|Tobacco Product Law
First, a panel will address a new initiative undertaken by the U.S. Food and Drug Administration (FDA) to reduce the highly-addictive drug, nicotine, found in most tobacco products. Next, the panel will consider how the Center for Tobacco Products (CTP) utilizes a substantial equivalence process for certain tobacco products that shares many similarities with substantial equivalence used for 510(k)-type medical devices, as well as another look at tobacco flavors.
|Animal Health Law
The Animal Health Law Panel then plans to discuss leveraging approved human drugs in the process to obtain animal drug approvals and features speakers from animal health companies offering their perspectives on key features in the animal drug regulatory approval process and business considerations affecting the process.
|Food Law
Next, the Food Law panel features speakers discussing issues related to genetically-modified organisms (GMOs) that result in food and animal products tied to how the FDA and the U.S. Department of Agriculture (USDA) regulates those products. The science that brings us to GMOs are genes and biologic manipulation, which shares some technologic features to gene-based therapies that will be discussed in the biologics and medical device panels.
|Biologics Law
The Section's Biologics panel features discussions on FDA's approval of the first gene therapies, intellectual property considerations for patenting such therapies, and an update on biosimilar market entrants, and how the Supreme Court decision on the biosimilar litigation process has raised strategy questions for prospective biosimilar applicants. This panel features speakers from both FDA's Center for Biologics Evaluation and Research and the New York Genome Center.
|Ethics
An ethics panel designed for attorneys involving early access promises to provide many insights into how human subjects can be protected and potentially benefit when using unapproved medical therapies, which has been a hot topic, where increased drug access has been emphasized.
|Drug Law
Following ethics, a drug law panel with the New York Attorney General's Health Care Bureau Chief will discuss how New York is addressing the opioid drug crisis, and then will include a lively debate between a distinguished academic and former Assistant Director of the U.S. Federal Trade Commission (FTC) (now litigator), considering how generic competition may be encouraged by additional FDA/FTC statutory or regulatory measures. This panel also includes a discussion of a new tactic to avoid potentially certain pharmaceutical patent challenges involving patent ownership by Indian tribes or state entities and the invocation of sovereign immunity.
|Medical Device Law
The program concludes with a medical device panel focusing on device and software regulation following the 21st Century Cures Act, safety, privacy and data/cyber-security in an era of digital devices, and FDA's evolving policy on personalized medicine, featuring a discussion on gene-based tests.
Brian J. Malkin is counsel at Arent Fox.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Legal Tech's Predictions for Knowledge Management in 2025
- 2Fenwick Shutters Shanghai Office
- 3Litigators of the (Past) Week: Defending Against a $290M Claim and Scoring a $116M Win in Drug Patent Fight
- 4Litigator of the Week Runners-Up and Shout-Outs
- 5Am Law 50's Head Count 'Holding Pattern' Could Trickle Down
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250