Guide · Healthcare

FDA Regulation of Food, Drugs, Devices, and Cosmetics: A Comprehensive Guide

21 U.S.C. §§ 301

Type
Guide
Jurisdiction
National
Date
2024-01-12
Topic
Healthcare

A complete practitioner's treatment of Food and Drug Administration regulation across all four major product categories, for regulatory counsel, life sciences transactional lawyers, and litigators. Parts I and II establish the jurisdictional framework, the intended use doctrine, and the adulteration and misbranding provisions that all enforcement runs through. Parts III through V cover drugs and biologics: the IND and clinical trial framework, the NDA, ANDA, 505(b)(2), and biologics pathways including Hatch-Waxman and biosimilar exclusivity, labeling and REMS, and promotion including off-label speech after Caronia and Amarin. Part VI covers devices from classification through 510(k), De Novo, and PMA, with the quality system, reporting, and software provisions. Parts VII and VIII cover food and dietary supplements including FSMA preventive controls, GRAS, DSHEA notification and claim rules, and cosmetics as changed by MoCRA. Parts IX through XII cover manufacturing and supply chain requirements, recalls and field actions, the enforcement ladder through consent decrees and the responsible corporate officer doctrine, and preemption across the categories. Part XIII covers transactional diligence and Part XIV is the verification list.

FDA Regulation of Food, Drugs, Devices, and Cosmetics: A Comprehensive Guide

Healthcare > FDA and Life Sciences | Published 12 January 2024 - Updated 8 May 2026 | UpLaw - uplaw.us

In brief. Every FDA question reduces to three: what category is this product (determined by intended use, not composition), what did it have to do before it was sold (nothing, notify, clear, or approve), and is it adulterated or misbranded (which is what every enforcement action actually alleges).

The full text of this document is available to Executive subscribers and above. See plans.