Thoughtful Insight and Updates on Legal Issues that Matter to You

Perspectives

FDA Announces Public Workshop for Medical Apps

On August 12, 2011, the U.S. Food and Drug Administration (FDA) announced its plans to hold a public workshop concerning its newly proposed regulation of mobile medical applications (“apps”). The meeting, which is scheduled for September 12, will focus on the emerging phenomenon of medical apps, defined as those applications used to diagnose or treat conditions.

Two Telecommunications Executives Convicted by Miami Jury on all Counts for their Involvement in Scheme to Bribe Officials at State-Owned Telecommunications Company in Haiti

On August 5, 2011, Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corporation (Terra), were convicted by a federal jury on all counts for their roles in a scheme to pay bribes to Haitian government officials at Telecommunications D’Haiti S.A.M. (Haiti Teleco).

U.S. Court of Appeals for the Second Circuit Overturns Gen Re and AIG Convictions

On Monday, August 1, 2011, the U.S. Court of Appeals for the Second Circuit overturned the 2008 convictions of four former executives of General Reinsurance Corporation (Gen Re) and one from American International Group (AIG). The Court’s opinion can be found here.

Court finds Florida’s Drug Abuse Prevention and Control Law Unconstitutional

On July 27, 2011, Judge Mary Scriven of the United States District Court for the Middle District of Florida declared Florida’s Drug Abuse Prevention and Control law, § 893.13, Fla. Stat. as amended by § 893.101, Fla. Stat., unconstitutional. The Court found that the law violated due process because it eliminated mens rea as an element of felony delivery of a controlled substance thus making the law a strict liability offense. A copy of the opinion can be read here.

Office Of Financial Regulation Report Finds That Money Services Businesses Help Facilitate Ongoing Workers’ Compensation Premium Fraud

On August 2, 2011, the Financial Services Commission of the Florida Office of Financial Regulation issued a report to the Governor and his Cabinet regarding workers’ compensation fraud in the State of Florida. The report revealed that money services businesses have played an active, critical, and sometimes unknowing part in defrauding the workers’ compensation insurance market. Money Services Businesses are regulated by the Office of Financial Regulation pursuant to Chapter 560, Florida Statutes. A copy of the Office of Financial Regulation’s report can be read here.

More Than Half-Dozen Strains of E. Coli are Deadly, One is Illegal

A growing number of lawmakers, food-safety and consumer advocates are demanding that all lethal strains of Escherichia coli (E. coli) be declared adulterants when present in meat. There are seven known lethal strains of Shiga toxin-producing E. coli. Shiga toxin enters cells and stops the cells from producing proteins needed to function causing the cell to die. Symptoms include abdominal pain, bloody diarrhea, kidney failure and death.

FDA Requests Public Comment on Notification of a Health Claim or Nutrient Content Claim

Companies seeking to use health claims or nutrient content claims on food labeling must submit notification to the FDA prior to marketing. Pursuant to the Federal Food, Drug, and Cosmetic Act (FD&C Act), such claims must be based on current, published, authoritative statements from certain federal scientific bodies. On August 3, 2011, the U.S. Food and Drug Administration (FDA) announced in the Federal Register that the Agency is seeking public comment concerning the collection of information associated with the submission of notifications of health claims or nutrient content claims.

FDA Announces Updates to Premarket Review Standards

On August 2, 2011, the U.S. Food and Drug Administration (FDA) published a notice for comment in the Federal Register regarding updated, withdrawn and modified standards for reviewing premarket applications for medical devices. The notice, entitled Modifications to the List of Recognized Standards, Recognition List Number: 027, is intended to “assist manufacturers who elect to declare conformity with consensus standards to meet certain requirements for medical devices.”

FDA Seeks Comment on Food Safety Fees for Facility Reinspections

On August 1, 2011, the U.S. Food and Drug Administration (FDA) posted a notice for public comment regarding food safety fees associated with facility reinspections. The passage of the Food Safety Modernization Act (FSMA) earlier this year granted the FDA authority to impose and collect fees from food producers when the Agency has to reinspect the facility for compliance with FDA regulations. The Federal Register notice seeks to “obtain information that will be used to formulate a proposed set of guidelines in consideration of the burden of fee amounts on small business.” The FDA will accept comments until October 17, 2011.

FDA to Launch Online Pet Food Tracking System

Earlier this week, the U.S. Food and Drug Administration (FDA) announced the launch of Pet Event Tracking Network (PETNet), “a secure, web-based information exchange system that will allow FDA and Federal and State Agencies to share initial information about pet-food related incidents, such as illness associated with the consumption of pet food or pet food products.” The new system is intended to improve communication about the safety of pet food products across and within various levels of federal and state government.