Takeaways from Clinical Trial Enforcement Panel
Four Morrison Foerster attorneys say a panel on “Compliance and Cybersecurity Challenges in Clinical Trial Enforcement” held on 11/2 at a Food and Drug Law Institute conference featured a high-ranking attorney from the Department of Justice consumer protection branch and other regulatory compliance leaders to discuss key trends and issues in clinical trial enforcement. In an online post, they list these takeaways:
- confirmation that the Justice Department is looking not only at the activities of individuals, but also big corporate actors with a specific focus on the submission of false and misleading data to FDA and obstruction of FDA and other regulators;
- pursuing cases under the Federal Food, Drug, and Cosmetic Act, including felony or misdemeanor criminal actions;
- FDA inspection classification does not determine whether the Justice Department will bring an action;
- special attention to cybersecurity and digital enrollment; and
- steps sponsors and other corporate actors can take to mitigate department enforcement risk.