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Consumer Fraud Claims for Makers of Generic Valsartan Blood Pressure Drugs

In New Jersey, on Friday, January 29, 2021, U.S. District Judge Robert Kugler permitted numerous fraud allegations to move forward against a group of generic blood pressure drugmakers that consumers claim consciously sold their valsartan medications with the presence of possible carcinogen N-nitrosodimethylamine (NDMA). The companies in question include but are not limited to: China’s Zhejiang Huahai Pharmaceutical, Prinston Pharmaceutical, Hetero Drugs, Mylan, Aurobindo Pharma, Teva, Arrow Pharm Malta, and Actavis Pharma.

In 2018, the FDA discovered that NDMA and the similar N-nitrosodiethylamine (NDEA) could be created during the manufacturing of certain drugs. The results led to a global recall of hundreds of lots of blood pressure drugs valsartan, irbesartan, and losartan. The FDA then launched a thorough investigation into how the contamination may have occurred as well as the risk it could present for U.S. consumers. 

Buyers hope to hold the companies responsible for the recall of drugs containing valsartan, which is the active ingredient in Novartis’ Diovan, due to a failure to mention the potential presence of NDMA. According to the lawsuit, the plaintiffs believe that the drugmakers would have found the NDMA impurities sooner had they followed FDA guidelines, suggesting that the manufacturers “either knew of or recklessly disregarded the contamination,” according to Ruben Honik, an attorney for the consumers. 

Judge Kugler simultaneously threw out claims against distributors of the generic drugs, claiming that wholesalers Cardinal Health, McKesson, and AmerisourceBergen as well as pharmacies including CVS Health, Walgreens Boots Alliance, and Rite Aid couldn’t have known that they were stocking tainted products. 

Democratic Lawmakers Blast Pharmaceutical Executives Over Drug Prices and Charitable Donations

During a House Oversight Committee hearing at the end of September, Democratic representatives harshly criticized pharmaceutical executives at Celgene, a Bristol Myers Squibb subsidiary, and Teva over drug prices and charitable contributions. 

Rep. Katie Porter (D-CA) noted the disturbing similarities between bonuses that former Celgene CEO Mark Alles received in recent years and the price increases for Revlimid, a cancer therapeutic that cost 215 dollars in 2005 and 763 dollars today. Alles could not confirm that the higher price correlated with drug improvements, to which Porter responded, “To recap here: The drug didn’t get any better. The cancer patients didn’t get any better. You just got better at making money. You just refined your skills at price gouging.” 

Rep. Rashida Tlaib (D-MI) considered internal documents from Teva that calculated the return on investment from charitable contributions and called out the drugmaker, saying, “Your pharmaceutical company makes these so-called charitable donations so you look like you give a shit about sick people.” Teva’s CEO Kare Schultz was so underprepared for the virtual hearing that one lawmaker told him he “might as well get off the screen,” while Rep. John Sarbanes (D-MD) said, “It would have been nice to come, maybe, equipped a little bit better.” 

Further Reading:

Smith & Nephew to Acquire Integra’s Orthopedics Business

Smith & Nephew will acquire Integra LifeSciences’ orthopedics business in a 240 million dollar cash deal set to close at the end of 2020. The focus will be on growing the upper and lower extremity markets, adding products covering shoulder replacements and reconstructions of the hand, wrist, elbow, ankle, and foot. Through the acquisition, Smith & Nephew will also gain access to Integra’s next-generation shoulder replacement system, which is scheduled for a commercial launch in 2022. Additionally, it will bring a strong sales force and distributors to the United States, Canada, and Europe.

About 300 employees are expected to move from Integra, which is based out of Lyon, France, and Austin, Texas. Although sales decreased due to COVID-19 and the postponement of elective surgeries (down 48.6 percent in the second quarter of 2020 versus the same time in 2019), Smith & Nephew anticipates the business to deliver double-digit revenue growth in 2021 and 2022. 

For Integra, the acquisition will allow the company to focus its efforts on developments in neurosurgery, surgical instrumentation, and regenerative medicine. 

Further Reading:

Investigation Continues for AstraZeneca’s COVID-19 Vaccine

The United States Food and Drug Administration (FDA) is taking a deeper dive into the investigation of AstraZeneca Plc’s COVID-19 vaccine study and will now look at data from previous trials of similar vaccines developed by the same researchers at Oxford University. Despite taking a closer look, they don’t believe there are any safety issues associated with these vaccines. “It just shows that the FDA is being thorough,” explains a source. 

AstraZeneca’s trial in the U.S. has been on hold since September 6th, when a participant in Britain fell ill with transverse myelitis, a rare spinal inflammatory disorder. Regulators in the United Kingdom, Brazil, India, and South Africa have already resumed studying the efficacy of the vaccine. 

Given the increased FDA investigation, further delays are likely for what was one of the most advanced COVID-19 vaccine studies in the U.S. The additional data requested by the FDA was expected to be delivered in early October and will require time to review.

An effective vaccine is essential for efforts to end the global COVID-19 pandemic that has already killed over one million people. President Donald Trump (who announced that he tested positive for COVID-19 on October 2nd) and his administration have pledged 1.2 billion dollars to support the development of AstraZeneca’s vaccine and to secure 300 million doses for American citizens. Pfizer Inc, Moderna Inc, and Johnson & Johnson are also in the U.S. vaccine race. 

The FDA declined to comment, and Oxford University did not respond to requests. In a statement, AstraZeneca said: “We are continuing to work with the FDA to facilitate review of the information needed to make a decision regarding resumption of the U.S. trial.”

Further Reading:

Can the FDA Be Trusted on a COVID Vaccine? Bill Gates Chimes In

“Bill Gates used to think of the U.S. Food and Drug Administration as the world’s premier public-health authority. Not anymore.”

“And he doesn’t trust the Centers for Disease Control and Protection either. Both, in his view, are casualties of a presidency that has downplayed or dismissed science and medicine in the pursuit of political gain. One recent example came when FDA Commissioner Stephen Hahn, speaking at one of President Donald Trump’s news conferences, exaggerated the benefit of blood plasma as a treatment for Covid-19, then backtracked the following day.

“We saw with the completely bungled plasma statements that when you start pressuring people to say optimistic things, they go completely off the rails. The FDA lost a lot of credibility there,” Gates, the billionaire philanthropist, said in an interview on Bloomberg Television.

“Historically, just like the CDC was viewed as the best in the world, the FDA had that same reputation as a top-notch regulator,” Gates said. “But there’s been some cracks with some of the things they’ve said at the commissioner level.”

At stake is nothing less than public confidence in the vaccine that could end the coronavirus pandemic, and which the FDA would have to approve. Polls conducted in the past two months show a majority of Americans worry the development of the vaccine is being rushed and a third wouldn’t get inoculated.

To read the full article, please visit here.

‘Very Concerned’ About AstraZeneca Vaccine Side Effect

AstraZeneca vaccine trials continue in the United Kingdom, but U.S. regulators are continuing to investigate.

“The Food and Drug Administration is weighing whether to follow British regulators in resuming a coronavirus vaccine trial that was halted when a participant suffered spinal cord damage, even as the National Institutes of Health has launched an investigation of the case.

“The highest levels of NIH are very concerned,” said Dr. Avindra Nath, intramural clinical director and a leader of viral research at the National Institute for Neurological Disorders and Stroke, an NIH division. “Everyone’s hopes are on a vaccine, and if you have a major complication the whole thing could get derailed.”

To read the full article, please visit The Daily Beast.

Johnson & Johnson to Stop Selling Talcum Powder

After manufacturing a talc-based baby powder for over a century, Johnson & Johnson (J&J) announced in May that it’ll stop selling the product in the United States and Canada. In recent years, they’ve faced several lawsuits related to regular use causing both ovarian cancer and mesothelioma. Still, it wasn’t these lawsuits that caused them to stop manufacturing the product. It was the rapid spread of COVID-19 this spring and the need to place a priority on producing higher-demand items as well as the need to practice social distancing at both manufacturing and distribution facilities. Stores will continue to sell their existing inventory with no restocks planned.

Johnson & Johnson’s History of Lawsuits

Given the history of lawsuits related to J&J’s talcum powder, it’s surprising that the product has never been recalled. 

Despite tens of thousands of lawsuits filed by women who developed ovarian cancer after using talcum powder — and the loss of multimillion dollars as a result of these cases — J&J continues to stand behind the safety of the product. Other companies have put warning labels on their talcum powders, but J&J refuses to do so. More research needs to be completed, but it’s important to note that some scientific studies do show that women have an increased risk of ovarian cancer after consistent use of talcum powder in their genital area.

A separate set of lawsuits ties the product to mesothelioma, as talc is often mined near asbestos. Scientists testified that they found asbestos in samples of the product, but J&J argued that their product was asbestos-free. 

Read more about

Johnson & Johnson here >>

JUUL Labs Faces “Substantive Scientific Review” from the FDA

JUUL Labs, one of the companies behind the production of electronic cigarettes, has landed itself in the headlines again. A recent study from Stanford University’s School of Medicine revealed that teens and young adults who use e-cigarettes are at “a substantially increased risk of COVID-19.” Specifically, the study divulged that young people who used both cigarettes and e-cigarettes in the previous month were five times as likely to experience COVID-19 symptoms as someone who never smoked or vaped.

To read more about E-Cigarettes and Vaping, click here

The Need for Regulation of Electronic Cigarettes

In response to these results, JUUL Labs filed Premarket Tobacco Product Applications for its e-cigarettes and nicotine cartridges, which will undergo a “substantive scientific review” by the Food and Drug Administration (FDA). 

“Now is the time,” stressed Dr. Bonnie Halpern-Felsher, the study’s author. “We need the FDA to hurry up and regulate these products. And we need to tell everyone: If you are a vaper, you are putting yourself at risk for COVID-19 and other lung diseases.”

Currently facing over 650 lawsuits as well as a criminal investigation that was launched in September 2019, JUUL Labs is committed to working collaboratively with regulators, legislators, attorneys general, and public health officials to “combat underage use and transition adult smokers from combustible cigarettes.” As part of the process, the company has halted all television, print, and digital advertising as it builds up the science and evidence-based research behind its products. 

White House Meeting With Top Pharmaceutical Executives Is Off

Top pharmaceutical executives planned to meet with the president on Tuesday.

“A White House meeting with top pharmaceutical executives that President Donald Trump promised for Tuesday is off, five industry sources familiar with discussions told POLITICO. Three said the drug-pricing discussion was canceled because the major drug lobbies, reeling from Friday’s cluster of executive orders on the topic, refused to send any members.

Drugmakers and Trump were slated to discuss an executive order, signed Friday but not yet released, that would order health officials to release a plan linking Medicare payments for certain medicines to lower costs paid abroad. The provision, known as a most-favored-nations rule, has been lambasted by the drug industry and some patient groups that say it would curb innovation and reduce drug access.

Trump said Friday that drugmakers would have a month to present a better option to the rule.

The drug lobbies PhRMA and BIO were reluctant to send representatives from their member companies — many of them multibillion-dollar manufacturers of the world’s best-selling medicines and vaccines — after conflicting reports last week about whether the White House would include the rule and little information to date about what the new rule would look like, three people familiar with the discussions said.

To read the full article, please visit Politico.

FDA’s Woodcock Discusses Operation Warp Speed

Operation Warp Speed (OWS)

Food and Drug Administration (FDA) Centers for Drug Evaluation and Research Director Janet Woodcock discussed Operation Warp Speed (OWS).

 

Therapeutics Development

Woodcock, who recused herself from FDA’s approval decision, is leading OWS’s effort on therapeutics development. Woodcock said, “Even with success, some people will not respond to vaccines, and some people will not get vaccinated. So, therapeutics will always be needed.” There is hope convalescent plasma could lessen the severity of a COVID-19 infection, but it is still unclear if the therapy works. She noted the limited window to retrieve plasma from recovered COVID-19 patients.

Antibody Development Programs + Protocols

Around 50 monoclonal antibody development programs are currently active. The Biomedical Advanced Research and Development Authority sponsored an antibody treatment developed by Regeneron, which is now in Phase II trials. An Eli Lilly antibody treatment is in a Phase I trial. Officials hope uniform clinical trial designs or “master protocols” will make expectations of drug manufacturers clear, make it easier to compare the safety and efficacy of different treatments and speed the development process.

OWS and the National Institutes of Health developed two master protocols for COVID-19 monoclonal antibody clinical trials. One will test the use of monoclonal antibodies in the outpatient setting, and another is for inpatient use. They are scheduled to start testing this month.

Stay tuned for additional details, and in the meantime …

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