Compliance, Investigations & White Collar


HHS OIG Issues Information-Blocking Disincentives for Certain Health Care Providers
July 9, 2024 | Benjamin P. Malerba | Jeffrey Ehrhardt | Health Services | Compliance, Investigations & White Collar

On June 24, 2024, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) announced a final rule that establishes disincentives for certain health care providers that have committed information blocking, or any activity that is likely to hamper access, exchange, or use of electronic protected health information (PHI). This rule applies

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The Case of ‘Gas Station Heroin’
July 1, 2024 | Steven Shapiro | Compliance, Investigations & White Collar

Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale?

If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and Drug Administration (FDA) expanded authority to regulate dietary supplements?

“Gas station heroin” is a

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Fader Writes and Speaks on Neuromonitoring ‘Surgeon Deals’
June 28, 2024 | Eric D. Fader | Health Services | Compliance, Investigations & White Collar

Eric Fader co-authored the article “OIG Advisory Opinion Cautions Against ‘Surgeon Deals’ in Neuromonitoring” in SpineLine, the magazine of the North American Spine Society (NASS), with Dr, Rich Vogel, Co-Chair of the NASS Section on Intraoperative Neurophysiological Monitoring (IONM).

The article includes a detailed analysis of the U.S. Department of Health and Human Services’ Office

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Ullman Publishes Article on FDA Siloing
June 24, 2024 | Marc S. Ullman | Compliance, Investigations & White Collar

Marc Ullman recently authored “The Problem Isn’t DSHEA — It’s FDA Siloing” in Natural Products Insider.

In the article, Marc explains the dangers of the silo effect and how it limits interactions between members of different branches of the FDA. This results in reduced productivity and the issuing of only single-center warning letters on noncompliant

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Ullman Publishes Article Regarding FDA Warning Letters to Amazon
March 29, 2024 | Marc S. Ullman | Compliance, Investigations & White Collar

Marc S. Ullman, of counsel to Rivkin Radler, recently authored “FDA sends a message with two warning letters to Amazon” in Natural Products Insider.

In the article, Marc explains the importance of the FDA warning letters on homeopathic “supplements” and products that contain active pharmaceutical ingredients. Ullman writes, “During the last quarter of 2023,

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Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate
January 30, 2024 | Jennifer F. Hillman | Wendy Hoey Sheinberg | Employment & Labor | Immigration | Corporate | Compliance, Investigations & White Collar

What Happened

Come on, you know what happened, right?

For those denied the joy of Roald Dahl and his take on bad parents, here is an overview.

Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive chocolatier. Wonka’s Chocolates has one factory. Unlike other factories, no workers or visitors are seen entering

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Shapiro and Ullman Write for Nutrition Industry Executive on Counterfeiting
August 2, 2023 | Steven Shapiro | Marc S. Ullman | Intellectual Property | Compliance, Investigations & White Collar

Steven Shapiro and Marc Ullman wrote the article, “What Dietary Supplement Companies Can Do to Address Potential Counterfeiting of Their Products,” for the August 2023 issue of Nutrition Industry Executive.

The article explains how counterfeit products are going mainstream by moving to legitimate websites. It details how two dietary supplement companies determined that a fraudsters were

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Vitamin Retailer Publishes Ullman’s Article on Counterfeit Dietary Supplements
| Marc S. Ullman | Intellectual Property | Compliance, Investigations & White Collar

In its August 2023 issue, Vitamin Retailer published Marc Ullman’s article, “Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.”

The article explains how counterfeiters have entered the dietary supplements market and how their products have been able to proliferate. It also offers some advice on how consumers and retailers alike can protect themselves

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Modernization of Cosmetics Regulation Act of 2022
April 3, 2023 | Steven Shapiro | Compliance, Investigations & White Collar
FDA Will Have Extensive Authority to Regulate Cosmetics

Under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321(i), “cosmetics” are defined as “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance

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Ullman Interviewed about Potential FDA Lawsuits Over CBD
March 17, 2023 | Compliance, Investigations & White Collar
Marc Ullman was interviewed for Natural Products Insider’s article “Suing FDA over CBD would face procedural, substantive hurdles.“

The FDA is facing possible legal action after three citizen petitions were rejected by the administration. All petitions were requesting that the FDA allow for the inclusion of CBD in dietary supplements, through some trade groups.

Ullman

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