2026 Warning Letter Trends Analyzed by Attorney
Attorney Megan Robertson (Epstein Becker Green) says the biggest trend in FDA Warning Letters so far this year has been the agency’s crackdown against online telehealth platforms that offer compounded GLP-1 drugs. Appearing in a brief video, Robertson says FDA’s push is for the companies to clean up their Web sites and marketing materials to ensure that the delineation of services they provide as healthcare professionals is distinct from the drugs being compounded and sold by pharmacies.
“CDER has certainly been the most active Center to date,” she says, “not only with its GLP-1 letters to telehealth companies, but also with several letters to manufacturers, both domestic and foreign, citing current good manufacturing practice concerns in a variety of contexts.”
Robertson lists these additional key takeaways from her Warning Letter analysis:
· FDA is monitoring Web sites, social media, podcasts, and online storefronts for marketing claims that may be inappropriate based on a company’s regulatory status;
· CDER is actively enforcing CGMP compliance. Recalls alone do not satisfy FDA’s remediation expectations; companies must demonstrate comprehensive, root-cause corrections.
· food facilities face enforcement action for inadequate Foreign Supplier Verification Programs on imported products, including produce, rice, matcha powder, and green tea.
· form FDA-483 responses are receiving heightened scrutiny and medical device manufacturers should prepare for potential increased Quality Management System Regulation enforcement as the year progresses.
· because the Warning Letters were issued under the former FDA commissioner, in-house counsel should monitor for potential shifts in enforcement priorities under new leadership as the year progresses.