DarshanTalks Podcast

In this podcast, we discuss the following: Recent updates from the courts in class action lawsuits. Difference between equity and law. Demerging or diverging equity and law. Dictionaries used by courts to interpret contracts. Update on Johnson and Johnson baby powder case (Suing plaintiff’s witnesses for defamation and false advertising) Experts need to be cautious to avoid false advertising allegations against them. Update on Maybelline 24-hour make-up case. (24-hour sunscreen)  Rebecca Tushnet is our guest. She is a Harvard Law School professor specializing in copyright, trademark, and advertising law. Let’s get into it.

Darshan explains that drugs work by either enhancing or inhibiting processes that already occur in the body. Put simply, they amplify or reduce the body's natural functions. This fundamental principle underscores how drugs interact with our biology. 

We discuss the five common reasons behind the failure of mergers, acquisitions and licensing deals  in the life sciences industry. Inadequate understanding of capability, where focusing solely on financials without comprehending the target company's regulatory and compliance processes leads to failure. The side project dilemma, illustrated by Philip Morris' venture into pharmaceuticals, emphasizing the importance of aligning with core business objectives. Clash of perspectives, exemplified by cultural and business differences between BioGene and Novartis, highlighting the necessity of alignment in strategic vision. Low margins on generic drugs, as seen in Teva's acquisition of Actavis, revealing the challenge of profitability in this sector.Overpaying, stressing the significance of thorough due diligence to avoid paying more than a company's actual value. For assistance with M&A due diligence, contact us at 302-252-6959.

In this short, Darshan sheds light on the relationship between doctors and pharmaceutical companies. He explains how pharmaceutical companies often pay doctors to ensure they understand their drugs and promote their products. However, patients can now access information on what doctors are being paid by pharmaceutical companies through the CMS website, as mandated by the Sunshine Act Law. This transparency allows patients to make informed decisions about their healthcare.

When acquiring a drug or device company, regulatory attorneys play a crucial role in ensuring compliance during the due diligence process. It's vital to recognize that registration with state and local authorities is often overlooked by these companies, who may mistakenly believe that FDA registration suffices. However, failure to register appropriately with state and local authorities could lead to sales restrictions within those jurisdictions. Each state has its own criteria for registration, which can vary widely. Depending on the circumstances, a company may need to register as a manufacturer, distributor, or wholesaler. Consulting a regulatory attorney is essential to ensure proper registration and avoid potential complications down the line.

Have you ever wondered why your prescription takes what feels like an eternity to fill at the pharmacy? Darshan will shed some light on the process. When you drop off your prescription, the pharmacist isn't just mindlessly grabbing bottles from shelves. They're meticulously reviewing your medication to ensure it's the right fit for your condition, checking for potential interactions with other drugs or even your diet, and making sure it's covered by your insurance.This detailed process, while aided by computer systems, often requires a human touch and can take some time. And remember, you're not the only one waiting for their medication – there's a queue of patients with prescriptions to fill.So next time you're twiddling your thumbs in the pharmacy waiting area, remember that your pharmacist is doing their best to ensure your health and safety. 

We cover three steps for preventing food recalls:Identify all potential hazards.Focus on known and foreseeable risks.Develop preventive controls for specific hazards.Ensure every bite is safe! Need help? Call Darshan at 302.252.6959.

In this video, Darshan distinguishes between dietary supplements and drugs. The primary difference lies in the claims they can make. Dietary supplements are treated as foods and can only make limited claims, such as improving health or well-being. In contrast, drugs undergo rigorous FDA approvals and trials to make claims of curing, treating, preventing, or mitigating diseases. While there may not be much difference chemically, the key distinction is in the level of proof required for their claims. Darshan highlights that drugs may have once been dietary supplements but must meet higher evidentiary standards. 

Here are 5 clinical trial record retention problems.1. Fabricating Data and Documentation,2. Forging the Principal Investigator's signatures,3. Data Manipulation,4. Misappropriating Samples and 5. Forging Subject DairiesJoin us as we delve into the complexities of record retention and data integrity in clinical trials. Learn why compliance is key for FDA approval and how we can help. Call us at 302-252-6959 for expert assistance with your clinical trial compliance program.

Bringing a drug to market is a costly and intricate process, averaging $2.3 billion. This expense encompasses multiple levels of testing, ranging from small animals to extensive human trials. The drug company, whether partnering with a university or a private investor, foots the bill for each phase of testing, ensuring safety and efficacy before reaching the market. The investment covers meticulous testing procedures, safeguarding against potential risks and ensuring the drug's viability on a large scale.

McKinsey’s vision for Medical Affairs in 2030 envisions profound integration of digital tools, analytical innovation, evidence generation, and leadership transformation. However, this vision faces a critical challenge as recent lawsuit losses against the FDA have shifted the landscape. Previously, Medical Affairs held the exclusive right to share off-label information, but FDA losses prompted guidelines allowing sales reps, under supervision, to share such information.This regulatory change provides a more cost-effective approach for companies, challenging the traditional role of Medical Affairs representatives. Artificial intelligence is also emerging to supplement or replace certain functions of Medical Affairs in a compliant manner. The evolving landscape necessitates Medical Affairs to swiftly redefine its role with a strategic vision to avoid becoming sales-centric, potentially jeopardizing its educational and patient-centric functions.Without a clear vision, Medical Affairs risks devolving into sales roles, hindering its potential impact on patient outcomes. The legal and regulatory reality demands a careful alignment of Medical Affairs activities with compliance. For further insights and compliance discussions in Medical Affairs, contact at 302-252-6959. Stay tuned for more updates! 

In an ideal world, every patient in clinical trials would feel truly represented. In this video, Darshan Kulkarni outlines three crucial takeaways for collecting diversity data in clinical trials, following guidelines from the FDA. The guidance emphasizes that one size does not fit all when it comes to race and ethnicity, encouraging detailed categories to embrace the global diversity of participants. Darshan advises starting by asking about identity, specifically Hispanic and Latino, before delving into race, respecting the complexity of ethnicity and allowing participants to self-identify. He emphasizes the importance of trusting participants to share their own stories, asserting that self-reported data on race and ethnicity is not only more accurate but also honors individual identity, contributing to a more nuanced and enriched dataset.

We explore the chemical similarities and key differences between brand-name and generic drugs. Learn about:Equivalence in active ingredients, as approved by the FDA.Exceptions: Narrow Therapeutic Index drugs and inactive ingredients.When to consult a doctor before switching brands.Listen to find out if you can save money without sacrificing quality!

In this short, we discuss who is responsible for a congruency review in clinical trials. Our guest Istvan Fekete emphasizes that both pharmaceutical companies and research sites share the responsibility for ensuring congruency between the budget, contract, informed consent form (ICF), and coverage analysis. Istvan mentions that a lack of congruency affects both parties and, therefore, both sides should actively participate in the vetting process. While pharmaceutical companies are responsible for ensuring budget and contract congruency, research sites should also conduct thorough reviews to align coverage analysis, budget, and contract. In Istvan’s view, it's not an either-or scenario; both sides play a crucial role in maintaining congruency throughout the clinical trial process.

Today, we analyze a fictional drug advertisement, identifying and highlighting the nine key unethical and non-compliant elements.- Misleading Information: The claim "The End of High Blood Pressure" suggests that the drug can completely cure high blood pressure, which is likely exaggerated and misleading.2- Absolute Efficacy Claims: Stating "Proven to work in 100% of patients" is an absolute claim that is unrealistic and unsubstantiated, making it misleading.3- Ignoring Risks and Side Effects: The risks and side effects are not prominently displayed, which fails to provide a balanced view of the drug’s benefits and risks. Additionally, the color and font is difficult to read.4- Small Print for Important Information: Essential information in tiny, unreadable font is a common tactic to downplay risks and is generally inappropriate.5- Adverse Event Reporting- Should include a statement saying "You are encouraged to report negative side effects of prescription drugs to the FDA. Visit MedWatch or call 1-800-FDA-1088."6- Lack of Supporting Data: Claims made in the advertisement are not likely unsupported by scientific data, which is misleading and non-compliant.7- Efficacy Claims: Claims like "The End of High Blood Pressure is unrealistic, as is "Proven to work in100% of patients without any side effects"8- No Mention of Generic Name: Not including the generic name of the drug can be considered a violation of advertising standards.9- Omission of Necessary Lifestyle Changes: Failing to mention that the drug should be used in conjunction with lifestyle changes and possibly other medications provides an incomplete picture of the treatment process.Did we miss anything? Let us know in the comments.

The FDA's announcement of its intention to regulate Lab Developed Tests (LDTs) in line with medical device regulations has sparked concerns among developers, anticipating significant financial implications. We provide a comprehensive overview of seven strategic approaches for LDT developers to challenge the FDA's regulatory proposal. Firstly, leveraging the public comment period,Participating in Part 15 hearings provide direct avenues to voice concerns and influence final regulations,Additionally, joining industry associations allows for collective lobbying efforts on behalf of developers,Exploring legal challenges, though potentially premature without final action, remains an option,Raising public awareness through media campaigns is suggested, emphasizing the benefits of LDTs and drawbacks of proposed regulations. Collaboration with healthcare providers to gather real-world evidence and testimonials strengthens the developers' case. Lastly, engaging in congressional lobbying harnesses legislative power to potentially alter or block the FDA's proposals. Despite the FDA's focus on patient safety, developers are presented with a multi-pronged approach to effectively challenge and shape the outcome of the regulatory process.

eBay found itself as an unexpected marketplace for pill-making equipment, resulting in the company paying a hefty $59 million for facilitating the sale of such equipment. In our video, Darshan delves into this crackdown, shedding light on the hidden underbelly of online retail. The incident highlights the ease with which tools for potentially illegal drug manufacturing can evade e-commerce oversight. He emphasizes the importance of consulting with consumer safety and regulatory lawyers before engaging in the sale of materials that could be easily diverted in the digital age. The podcast serves as a cautionary tale, urging awareness and proactive measures in the ever-evolving landscape of online commerce.

In a recent announcement, Elon Musk's company Neuralink revealed the successful implantation of a brain device in a human, pushing the boundaries of neurotechnology. In our latest short, we discuss key considerations for those venturing into such groundbreaking work. We emphasize the importance of having a clear investigational plan that outlines study design, methodologies, endpoints, and analysis strategies. Additionally, we also highlight the significance of obtaining adequate informed consent to address potential health risks The need for meticulous record-keeping for regulatory compliance, including maintaining detailed delegation logs and up-to-date resumes.These measures are crucial for navigating the complexities of both technological advancements and regulatory policies in this innovative field.

In the US v. Facteau case, a recent development adds complexity to the FDA's ongoing struggle with off-label communications, particularly in light of the SIUU guidance and the CFL guidance. The First Circuit ruled against Facteau, emphasizing the distinction from the Caronia case. Unlike Coronia, where the focus was on broader free speech and off-label promotion issues, the US v. Facteau case centered on the roles and actions of individuals involved. Notably, Facteau's direct executive involvement in promoting off-label uses, coupled with evidence of intent to circumvent FDA regulations, set this case apart. This ruling highlights the nuanced considerations surrounding off-label marketing and underscores the importance of individual actions and intent in legal outcomes.

We discuss biotech fraud and the pivotal role of a comprehensive legal strategy, especially one that integrates FDA regulatory lawyers. A biotech CEO's admission to securities fraud, misleading investors about a crucial test, underscores the need for stringent legal oversight.At the Kulkarni Law Firm:We’re on the lookout for major red flags, We ensure press releases not only comply with SEC regulations but also meet FDA requirements. Evaluating the scientific accuracy of information, Analyzing clinical data, Understanding regulatory pathways, and Ensuring public disclosures are truthful.An effective legal strategy, integrated with FDA regulatory lawyers, collaborates with communication teams, works closely with the R&D department to grasp the science behind claims, and liaises with compliance teams to cover all regulatory bases. By integrating FDA regulatory lawyers into the communication process, companies can prevent missteps, rigorously vetting public statements for accuracy, legality, and scientific validity. This proactive approach significantly reduces the risk of misleading investors and the public, addressing concerns related to fraud and compliance.For expert guidance on navigating the complex intersection of securities, FDA regulations, and legal compliance, look no further. Call us at 302-252-6959.