Importing FDA Regulated Products for the Holidays in 2024

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The holiday season is a peak time for businesses importing goods into the United States. However, when these goods are regulated by the FDA, there are additional layers of compliance to navigate. This guide will help you prepare for the 2024 holiday season and ensure that your imports meet all necessary requirements. This includes complying…

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Listeria Outbreak Difference Between Deli Meat and Cantaloupes

FDA Regulatory Update

As has been widely reported, Boar’s Head issued a recall in late July for more than 7.2 million pounds of its ready-to-eat liverwurst and some other deli meat products due to concerns about potential listeria contamination. The latest update is reporting on facility inspection findings by the U.S. Department of Agriculture (USDA). USDA records show,…

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FDA Tobacco Submission Tracking Number Import Requirement

FDA Flavor Ban

New FDA and Treasury Rule Proposes Streamlined Import Process for E-Cigarettes In an important step toward regulating the import of Electronic Nicotine Delivery System (ENDS) products, the Food and Drug Administration (FDA) and the Department of the Treasury have announced a proposed rule that could significantly impact how these products enter the United States. This…

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FDA Plans to Launch Updated Submission Portal for New Tobacco Product Applications in 2025

FDA HPHC Regulation

The FDA’s Center for Tobacco Products (CTP) has announced its plans to unveil the CTP Portal Next Generation (“CTP Portal NG”) in 2025, an improved web portal for submitting applications for new tobacco products. Two notices issued in the Federal Register highlight the upcoming changes aimed at enhancing the application process. Key Improvements Transition Details…

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Supreme Court Agrees to Hear Case Challenging FDA’s Vape Regulation

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Supreme Court Grants FDA’s Petition for Certiorari in Wages and White Lion Investments v. Food & Drug Administration In a significant move that could reshape the regulatory landscape for the tobacco and vaping industries, the Supreme Court has agreed to hear the case Wages and White Lion Investments v. Food & Drug Administration. This decision…

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The Impact of the Supreme Court Striking Down Chevron on FDA Regulation

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As has been widely reported today, the United States Supreme Court overturned a 40-year old precdent known as the Chevron Doctrine. There are excellent write-ups of the Court’s opinion here and here. At it’s simpliest the Chevron Doctrine required courts to give deference to federal agencies, like the U.S. Food and Drug Administration, when creating…

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U.S. DEA to Reclassify Marijuana

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The AP is reporting today that the U.S. Drug Enforcement Agency will soon begin the process to reschedule marijuana from Class I to Class III. The DEA is proposing to reclassify marijuana as a less dangerous drug, acknowledging its medical uses and lower potential for abuse compared to other substances. This shift follows President Joe…

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FDA Petitions U.S. Supreme Court Over Triton MDOs

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As previously posted, a federal appeals court (Fifth Circuit Court of Appeals) overturned the Marketing Denial Orders (MDOs) handed down by the U.S. Food and Drug Administration to Triton Distribution and Vapetasia. This week the FDA filed a petition for writ of certiorari requesting the Supreme Court review the Fifth Circuit opinion and reverse it.…

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Triton MDOs Overturned

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In a much-anticipated ruling, a federal appeals court has finally overturned the Marketing Denial Orders (MDOs) handed down to Triton Distribution and Vapetasia. The court has directed the FDA to conduct fresh evaluations of the companies’ marketing applications. The en banc panel of judges decisively voted 10-6 in favor of granting Triton and Vapetasia the…

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FDA-CBP Joint Operation Seizes $18 Million Worth of Illegal E-Cigarettes, Targets Brands Popular Among Youth

Seized Elf Bar BC5000

In a significant joint effort, the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) have successfully seized over $18 million worth of unauthorized e-cigarette products, marking a crucial step in the ongoing battle against the illegal tobacco trade. The operation, conducted over three days, resulted in the examination of 41…

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eSTAR Medical Device Submissions

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The eSTAR (Electronic Submission Template and Resource) is an interactive PDF form designed to assist applicants in preparing comprehensive medical device submissions. It offers various features such as automation, content and structure complementing FDA internal review templates, integration of multiple resources, guided construction for each submission section, and automatic verification. The eSTAR will begin to…

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