The FDA Provides New Guidance on the “Minimal Manipulation and Homologous Use” of Cell and Tissue Products.

The FDA new guidelines on minimal manipulation include questions and answers. Meeting the minimal manipulation test can save companies a fortune in IND studies and clinical trial tests.

The FDA’s Frequently Asked Questions about the Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) – Part Two

More FDA answers to questions about cannabis-derived CBD drugs, foods, dietary supplements and food products including access to CBD for clinical investigations.

Compliance Issues for Medical Fitness Centers, Gyms, and Wellness Centers – Part 1

As gyms and medical fitness centers expands the services and products they offer and depend more on physician referrals and doctor employment, compliance review becomes a must.

How to avoid FDA enforcement by not avoiding FDA in the first place – the top mistake companies typically make when marketing healthcare products

Starting a healthcare company without having prior FDA legal and regulatory review can place your company in serious jeopardy.

Keys to Navigating Enforcement Risks & Legal Pitfalls When Owning & Operating Your Medical Spa

Many doctors are trying to cash in on the beauty of operating a medical. For some doctors, the attraction is doing work that patients appreciate. Other doctors think the hours are better and that [...]

What Medical Practices Should Know about the Stark Law

The Stark Law is named after California U.S. Congressman, Peter Stark. It seeks to regulate how physicians refer Medicare and Medicaid patients. The law is part of the Omnibus Budget [...]

Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?

Naturally, like any other business model, augmenting one’s clientele may be a priority for medical and other healthcare practitioners. Is it legal to offer coupons and discounts?

An Overview of Legal, Ethical, and Compliance Issues Governing Physician Relationships Doctors Should Know

Doctors need to understand the laws and regulations that apply to the way they bill for services, work with insurance companies, submit claims to the government, enter into business relationships [...]

Navigate the Weird Legal Twists and Turns of Your State’s Telemedicine’s Laws

Telemedicine offers a lot of promise for both physicians and patients. For doctors, it offers another source of revenue – new patients. Telemedicine can mean lower expenses as well because [...]

Is your therapy an FDA-regulated medical device? How would you know?

Today’s legal strategy sessions involved a healthcare business that is really a healthcare practice in disguise. Let’s look at what legal strategy lessons we can learn here.

FDA Dietary Supplement Labeling Requirements: Comply or Die

FDA labeling is one of the most important regulatory requirements for dietary supplements in that it provides the consumer the necessary information on the product. Indeed, ensuring that all [...]

How Do You Navigate Telemedicine Veterinary Legal Issues?

The first step in evaluating how laws impact veterinary medicine is to understand what telemedicine means. Telemedicine during veterinary practice (also known as tele-veterinary practice) can [...]

Does Healthcare Law Favor or Smash Integrated Healthcare Practices Between Medical Doctors and Chiropractors?

Many aspects of healthcare are now becoming integrated. Medical practices that used to specialize are now trying to broaden their services by contracting with other medical providers who provide [...]

Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?

Naturally, like any other business model, augmenting one’s clientele may be a priority for medical and other healthcare practitioners. Is it legal to offer coupons and discounts?

FDA Signals Tough New Regulatory Stance on Homeopathic Drugs

FDA is changing the playing field by withdrawing its earlier Compliance Policy Guide (CPG) 400.400, Conditions Under Which Homeopathic Drugs May be Marketed, and issuing its new draft Guidance on [...]

TELEMEDICINE LEGAL SERIES—PART 1: PRACTICE ISSUES

Healthcare providers who move beyond a brick-and-mortar physical practice often find themselves in a legal gray zone, wondering whether they are compliant, or even what rules might apply. This [...]

Neurofeedback expert tackles “luminosity” of FTC “brain training” enforcement action

Our guest post this month is from Siegfried Othmer, Chief Scientist of the EEG Institute and President of the Brian Othmer Foundation, challenging this year’s FTC “brain training” enforcement.

Understanding FDA tobacco compliance – legal requirements, warnings, advertisements, and other regulatory restrictions

FDA's tobacco products deeming rule hits companies with many compliance obligations for both existing tobacco products and new products "deemed" to be subject to FDA jurisdiction. This is a [...]

FDA Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act: A brief overview

If you are a retailer, manufacturer, distributor, or importer of tobacco products, become familiar with the final rule by FDA Deeming Tobacco Products to be Subject to the Federal Food, Drug, and [...]

“The Doctor Weighs In” Features Interview on FDA Mobile Medical App Regulation

Blogger Patricia Salber, MD MBA featured Understanding whether a medical app needs FDA regulation can be tricky on The Doctor Weighs In. In this videotaped interview, held at the 2015 Stanford [...]

A Benevolent Artificial Intelligence Will Usher In Utopia

A benevolent AI (artificial intelligence) could usher in utopia... but will augmented intelligence destroy it?

4 Ways to Minimize the Risk of an FDA, FTC or Private Plaintiff, Healthcare Fraud Label When Marketing Healthcare Products

Whenever you market a healthcare product, beware of potential FDA and FTC enforcement as well as private plaintiffs who can sue for false advertising, unfair competition, deceptive and misleading [...]

Will FDA Act if You Link Dietary Supplement Claims to Testimonials or Scientific References?

Can a dietary supplement company link to scientific references that show that that the dietary supplement product is effective in treating a disease such as cancer, diabetes, or hypertension?

The Next Healthcare Revolution is Inside You: Wearable Health Tech Legal & Regulatory Issues Will Astound Us

If you want to know where the next healthcare revolution will come from, look inside. Physical medicine becomes virtual medicine, becomes mobile healthcare, becomes wearable health and then [...]

Federal bill to boost health IT innovation by exempting low-risk medical software and mobile apps from FDA regulation

Senators Bennet and Hatch reintroduced the Medical Electronic Data Technology Enhancement for Consumers' Health (MEDTECH) Act, to "cut red tape at the Food and Drug Administration (FDA) and help [...]

FDA Approves 23andMe’s DNA Personal Genome Test for Bloom Syndrome Carrier

FDA approved marketing for 23and Me's Bloom Syndrome Carrier test, months after halting the company's marketing of direct-to-consumer genetic tests. FDA now classifies genetic carrier screening [...]

Daily Journal Publishes “FDA’s General Wellness Guidance is Welcome News”

The Daily Journal published FDA’s General Wellness Guidance is Welcome News by healthcare and FDA lawyer Michael H. Cohen. The article (Cohen.P.0129) goes through FDA's general wellness guidance [...]

9 Keys to Managing Risk of FTC enforcement (especially with anti-aging and weight loss claims)

If you market your healthcare products, FTC enforcement can stop your sales in their tracks. All it takes is a search - yes, good old keywords - and you're in line for significant penalties for [...]

Virtual reality in medicine and health will deepen our access to Spirit

Virtual reality in medicine and health will augment and expand our sense of reality - yet it's only a harbinger of deeper access to consciousness.

Daily Journal publishes “Future of Medicine is Just a Tap Away” as lead front-page article

The Daily Journal, California's largest legal news provider, published Future of Medicine is Just a Tap Away, by healthcare & FDA attorney Michael H. Cohen.

Key Legal & Regulatory Trends in the Trillion-Dollar Healthcare Market for the New Year

If you think Obamacare is the most important story in regulation of healthcare, you're missing these key trends that will shape the medicine of 2015 and beyond. Remember that technological [...]

FTC requires mobile apps to include disclosures, adding to FDA mobile medical app regulatory requirements

The Federal Trade Commission (FTC) reports that mobile apps need to provide consumers with more disclosures, and also protect the privacy and security of consumer data--thus adding to the [...]

Tweet Your Medical Device Ad But Watch the FDA Hammer

The FDA provides guidance for pharmaceutical and medical device manufacturers as to how to present risk and benefit information for their medical devices and products on social media.

How to choose a healthcare lawyer or FDA attorney and regulatory consultant

The best way to select a healthcare lawyer or FDA attorney (or FDA regulatory consultant) for legal advice about your health and wellness service, practice, facility, or product, is to follow [...]

FDA’s evolving regulatory position on stem cell therapies

The federal appellate decision in U.S. v. Regenerative Sciences, LLC (see Court upholds FDA's legal authority to regulate stem cell therapies) also reflects FDA's evolving legal authority over [...]

Court upholds FDA’s legal authority to regulate stem cell therapies

FDA survived a legal challenge to its authority to regulate stem cells as drugs, in a landmark decision by the U.S. District Court of Appeals for the DC Circuit. FDA had cited Regenerative [...]

page 1 of 2