In this episode of the Diagnosing Health Care Podcast: The U.S. Food and Drug Administration’s (FDA’s) broad definition of “misbranding” has created some industry confusion, while the Federal Trade Commission’s (FTC’s) updates to its Health Products Compliance Guidance have done the same.
In light of these recent actions, what challenges are dietary supplement manufacturers now facing?
On this episode, Epstein Becker Green attorneys Jack Wenik, Teddy McCormick, Zach Taylor, and Tracey Gonzalez discuss recent updates to the FDA and FTC guidelines as they apply to ...
It has been four years since Congress enacted the Eliminating Kickbacks in Recovery Act (“EKRA”), codified at 18 U.S.C. § 220. EKRA initially targeted patient brokering and kickback schemes within the addiction treatment and recovery spaces. However, since EKRA was expansively drafted to also apply to clinical laboratories (it applies to improper referrals for any “service”, regardless of the payor), public as well as private insurance plans and even self-pay patients fall within the reach of the statute.
Recent Updates
- When AI Becomes Part of Medicine: Why CMS’s AI Questions Matter Now
- Watch: Gender-Affirming Care: What Health Care Providers Need to Know About Federal Enforcement – Thought Leaders in Health Law
- Executive Order 14321 at One Year: Civil Commitment Policy Shifts and Provider Impact
- Watch: FDA’s 2026 Enforcement Priorities: What In-House Counsel Must Know – Thought Leaders in Health Law
- The Future of 340B: New Bills Offer Competing Solutions to Modernize the 340B Drug Discount Program