2019 Ropes & Gray FDA Enforcement Review

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Ropes & Gray says that FDA and the Justice Department “took significant regulatory and judicial action in 2019 that brought attention to alleged compliance gaps across the medical and health product industries, focusing on entities potentially making higher-risk products and on foreign and domestic facilities that may have received less attention in the past.” In its “2019 FDA Enforcement Review,” the firm says the Justice Department continued to use the False Claims Act to take enforcement action in connection with the conduct by FDA-regulated companies that some might claim falls within the agency’s regulatory orbit.

But, it says, the number of False Claims Act-only settlements focused on core FDA regulatory issues continue to diminish as the Justice Department’s civil and criminal fraud units focus more of their attention on anti-kickback theories and more traditional healthcare fraud.

The document recaps notable enforcement actions involving FDA-regulated entities in 2019 and comments on trends likely to continue in 2020 involving opioids; product quality and manufacturing; unapproved products or intended uses; reporting, data integrity, and other requirements; and False Claims Act update.

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