Presentation at annual MAGI conference, focusing on FDA inspections, covering:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance Culture –The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA’s New Strategy on Enforcement: The Growing Perils of Inadequate ComplianceMichael Swit
September 9, 2009 webinar sponsored by The Weinberg Group, with a focus on FDA's renewed commitment to enforcement announced by FDA Commissioner Hamburg on August 6, 2009, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance
Culture – The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA Enforcement -- the Perils of Inadequate ComplianceMichael Swit
Presentation on December 3, 2009 to Southern California Biomedical Council Regulatory Workshop, Irvine, CA, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance
Culture – The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA Enforcement -- the Perils of Inadequate ComplianceMichael Swit
This document summarizes a presentation about increased FDA enforcement of compliance. It discusses trends in FDA inspections, warning letters, seizures, and injunctions prior to 2009. It outlines a 2009 speech by FDA Commissioner Hamburg that revived the agency's compliance culture and established new enforcement mandates, including imposing deadlines for inspection responses, prioritizing follow-up on warnings, and taking rapid action when public health is at risk. The presentation advises preparing for enforcement by establishing a culture of compliance, building robust quality systems, and responding promptly and completely if targeted. It notes the serious consequences of non-compliance for companies and individuals.
This document discusses Corrective and Preventative Action (CAPA) systems. It defines CAPA as a quality system used to eliminate causes of nonconformities and prevent their recurrence. CAPA systems are required to minimize risks, meet regulatory requirements, and enable continuous improvement. Common mistakes include procedural failures, documentation errors, inadequate training, and failure to identify root causes or ensure corrective actions. A proper CAPA system aims to identify and address risks, incidents, training needs, and quality system weaknesses. The overview outlines the typical CAPA process of discovery, investigation, root cause analysis, corrective action, and follow up.
Maetrics: The ROI of Good Quality & ComplianceGeneris
The document discusses investing in quality and compliance programs to justify costs. It outlines how to quantify direct and indirect quality costs, examines the FDA's increasing focus on medical devices, and explores the impacts of non-compliance. Proactive quality systems can reduce costs compared to reactive systems. Good investments include dedicated CAPA resources, risk management programs, quality metrics, and harmonizing quality systems during acquisitions.
Ensuring FDA Regulatory Success for Biomedical CompaniesMichael Swit
February 27, 2008 presentation to the Israeli Life Sciences Fellows of the Merage Foundation on product development issues, including:
* Overall Planning
* Working With FDA
* Clinical Trial Execution
* CMC and Design History Issues
* Safety Issues
* Labeling
* Ingredients –Active And Inactive; Component for Medical Devices
Critical hazard management system hasm presentationAmruta Balekundri
This document discusses fire and explosion hazard management. It describes the fire triangle, which states that fire needs fuel, oxygen and an ignition source. It also discusses 8 critical risk factors that can lower ignition energy or expand flammable ranges. The document outlines controls like purging or containment of fuels, isolation of oxygen sources, and reducing energy levels. It recommends prevention plans for operations using oxygen or introducing ignition sources. The fire and explosion hazard management process involves identifying hazards, assessing risks, controlling risks, evaluating controls, and keeping records. Corporations, supervisors and workers all have roles in training, hazard identification and challenging unsafe work.
FDA’s New Strategy on Enforcement: The Growing Perils of Inadequate ComplianceMichael Swit
September 9, 2009 webinar sponsored by The Weinberg Group, with a focus on FDA's renewed commitment to enforcement announced by FDA Commissioner Hamburg on August 6, 2009, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance
Culture – The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA Enforcement -- the Perils of Inadequate ComplianceMichael Swit
Presentation on December 3, 2009 to Southern California Biomedical Council Regulatory Workshop, Irvine, CA, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance
Culture – The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA Enforcement -- the Perils of Inadequate ComplianceMichael Swit
This document summarizes a presentation about increased FDA enforcement of compliance. It discusses trends in FDA inspections, warning letters, seizures, and injunctions prior to 2009. It outlines a 2009 speech by FDA Commissioner Hamburg that revived the agency's compliance culture and established new enforcement mandates, including imposing deadlines for inspection responses, prioritizing follow-up on warnings, and taking rapid action when public health is at risk. The presentation advises preparing for enforcement by establishing a culture of compliance, building robust quality systems, and responding promptly and completely if targeted. It notes the serious consequences of non-compliance for companies and individuals.
This document discusses Corrective and Preventative Action (CAPA) systems. It defines CAPA as a quality system used to eliminate causes of nonconformities and prevent their recurrence. CAPA systems are required to minimize risks, meet regulatory requirements, and enable continuous improvement. Common mistakes include procedural failures, documentation errors, inadequate training, and failure to identify root causes or ensure corrective actions. A proper CAPA system aims to identify and address risks, incidents, training needs, and quality system weaknesses. The overview outlines the typical CAPA process of discovery, investigation, root cause analysis, corrective action, and follow up.
Maetrics: The ROI of Good Quality & ComplianceGeneris
The document discusses investing in quality and compliance programs to justify costs. It outlines how to quantify direct and indirect quality costs, examines the FDA's increasing focus on medical devices, and explores the impacts of non-compliance. Proactive quality systems can reduce costs compared to reactive systems. Good investments include dedicated CAPA resources, risk management programs, quality metrics, and harmonizing quality systems during acquisitions.
Ensuring FDA Regulatory Success for Biomedical CompaniesMichael Swit
February 27, 2008 presentation to the Israeli Life Sciences Fellows of the Merage Foundation on product development issues, including:
* Overall Planning
* Working With FDA
* Clinical Trial Execution
* CMC and Design History Issues
* Safety Issues
* Labeling
* Ingredients –Active And Inactive; Component for Medical Devices
Critical hazard management system hasm presentationAmruta Balekundri
This document discusses fire and explosion hazard management. It describes the fire triangle, which states that fire needs fuel, oxygen and an ignition source. It also discusses 8 critical risk factors that can lower ignition energy or expand flammable ranges. The document outlines controls like purging or containment of fuels, isolation of oxygen sources, and reducing energy levels. It recommends prevention plans for operations using oxygen or introducing ignition sources. The fire and explosion hazard management process involves identifying hazards, assessing risks, controlling risks, evaluating controls, and keeping records. Corporations, supervisors and workers all have roles in training, hazard identification and challenging unsafe work.
Leveraging Corporate Integrity Agreements for Healthcare CompliancePolsinelli PC
An effective compliance program is essential for healthcare providers and companies. These programs should be reviewed and updated according to the latest guidance. OIG's Corporate Integrity Agreements shed light on where the enforcement "hot spots" are, as well as identify potential areas of risk that your compliance program should address. Monitoring CIA trends provides much needed guidance to help shape an effective compliance program.
Additional topics of discussion:
Recent trends and developments in CIAs and what they mean for compliance programs
Best practices to prevent a CIA
Best practices for leveraging CIA lessons in your compliance program
Presenters:
Brian D. Bewley, Shareholder, Polsinelli
Jennifer L. Evans, Shareholder, Polsinelli
Safety and Regulatory Solutions to Address the Needs of Small and Medium Biop...Covance
Clinical trials are typically outsourced to full-service clinical research organisations (CROs) and many SMEs select them based on a CRO's ability to recruit patients in certain geographies and therapeutic areas. **Disclaimer: This article was previously published. Sciformix is now a Covance company.
This document outlines elements of a health, safety, and environment (HS&E) and process safety management system. It includes 17 elements that cover topics such as leadership commitment, compliance with legislation, employee competency, hazard identification, documentation, operating procedures, management of change, and project management. Each element lists requirements and expectations for an effective HS&E and process safety system. The document provides a framework for organizations to establish and maintain robust HS&E and process safety protections.
The document outlines an agenda for a webinar on best practices for promotional content review. The webinar will cover what good promotional practices are, the importance of implementing them now, a four-step PACE process for content review, standard operating procedures for review, and a case study on tradeshow preparation. It includes slides on the key topics that will be discussed, such as establishing a cross-functional review committee and using categorization to ensure consistent application of review standards.
The document discusses the key elements of an effective corporate compliance program. It notes that compliance programs must balance risk taking with regulatory obligations, have total commitment from leadership, and clearly define their scope in terms of regulations, geography, and stakeholders covered. An effective program also fosters discussion, protects whistleblowers, rapidly communicates changes, and is led by a dedicated team. The document outlines a five-phase approach to developing and implementing a compliance program: assess risks, develop policies and processes, implement a pilot program, operate the program ongoing, and monitor program effectiveness and cultural impact. It raises open questions about leadership priorities, resources, integration with other risk programs, and timelines.
Risk Assessment for CAPA Determoination (decision)Tarek Elneil
This document provides guidance on applying risk management principles to determine corrective and preventive action (CAPA) decisions. It defines factors for assessing risk, including severity, frequency, and detectability. Risk scores are calculated based on these factors for both product risks and compliance risks. The document provides a risk priority number matrix and guidance on CAPA decisions based on the risk assessment.
This document discusses developing effective safety standards and procedures. It covers reviewing various safety programs and principles, developing rules and procedures to guide the safety process, and the importance of management commitment to safety. It also summarizes a presentation on the federal and state rulemaking process for safety standards and tips for developing plant-specific standards and procedures.
If you are involved with Pharmacovigilance Audits or GPvP, you need to read this.
We also offer online courses for GPvP.. ask me for more details manish.kainth@infonetica.net
The document introduces the seven elements of an effective safety and health management system: 1) Management Commitment, 2) Accountability, 3) Employee Involvement, 4) Hazard Identification & Control, 5) Incident/Accident Investigation, 6) Training, and 7) Plan Evaluation. It describes each element and key aspects like establishing formal standards, conducting hazard analysis, investigating accidents to identify root causes, effective safety training, and evaluating the entire safety plan on an ongoing basis. The overall goal is to understand the basics of a safety management system and how implementing these seven elements can help create a proactive safety culture in any workplace.
This document discusses corrective and preventive action (CAPA) basics, including:
- The purpose of CAPA is to identify and address quality problems and prevent recurrence.
- Regulations require manufacturers to establish CAPA procedures, collect and analyze data, investigate issues, identify and validate corrective/preventive actions, and document activities.
- The level of CAPA should be appropriate to the risk level of the problem. Relevant information must be communicated and submitted for management review.
The Season for Compliance is upon. The Office of the Inspector General has mandated elder care facilities institute this 7 part compliance program. Are you ready?
Embedding Risk Management Into Your QMSSelene Crosby
This document discusses how to embed risk management into a quality management system. It provides an overview of quality management systems and risk management. It then uses the food manufacturing industry and their Safe Quality Foods (SQF) quality management system as a case study. The SQF system takes a risk-based approach to quality management by combining hazard analysis critical control points and failure mode and effects analysis. It advocates using an integrated, systematic approach involving cross-functional teams to identify risks, prevent risks, monitor critical control points, and continually improve the quality system.
Product Complaints: Complaint Handling from Intake to ClosureGRCTS
Overview :
An effective complaint handling system is an extremely important part of any quality system whether you are a medical device or pharmaceutical manufacturer. Manufacturers should understand that any complaint received on a product shall be evaluated and, if necessary, thoroughly investigated and analyzed, and corrective action shall be taken. Manufacturers must ensure that they have a well-designed system to address complaints related to their products. Components of a well-designed system include: process/procedure, trained personnel, and proper record keeping. Complaint handling is no easy task. Management might overlook the importance of customer feedback and be unable to capture all complaints coming from disparate sources. Plus, the additional regulatory reporting requirement related to adverse events may seem overly burdensome to device makers in particular. A strategic risk-based methodology can help streamline the complaint-handling process in medical device manufacturing.
The document discusses PAWS Pentana Audit Work System software and its benefits for risk managers, internal auditors, and other assurance providers. It provides an overview of what these roles do and their reasons for wanting audit management software. Key benefits include automating processes, enabling off-site review, reusing previous work, and coordinating assurance activities across departments to reduce duplication.
White paper pragmatic safety solutionsCraig Tappel
The document discusses pragmatic safety solutions for organizations without dedicated safety professionals. It provides an overview of key areas small to mid-sized firms should focus on, including employee health and safety, fleet safety, fire protection, and environmental exposures. It recommends conducting a gap assessment to identify priority areas and create a plan to address them. The document also gives examples of important components of an effective employee health and safety program, such as leadership commitment, policies, training, and accountability metrics.
The document discusses performance-based safety measurement and management. It provides examples of leading and trailing indicators that can be used to measure safety performance. Leading indicators measure proactive elements of a safety system like training, inspections, audits. Trailing indicators measure outcomes like injuries and accidents. A balanced set of metrics is recommended to fully evaluate safety. Establishing clear objectives, regular monitoring and using data to drive improvement are key aspects of an effective performance-based safety management system.
The document discusses how technology can help with compliance in life sciences sales and marketing. It covers several key technologies including content management systems, social collaboration platforms, social media monitoring tools, mobile sales reporting apps, and mobile device management software. These technologies can make compliance easier by enforcing policies and procedures, allowing for global policy changes quickly, and providing built-in protections, dashboards for monitoring, and archiving capabilities.
FDA Warning Letters: Key Legal and Tactical Issues in Dealing with FDA's "Sh...Michael Swit
April 30, 2014 webinar sponsored by Duane Morris, with a focus on:
• Why FDA Issues Warning Letters – and How the
Agency Expects Management to Act When You Get
One
• How to Respond to A Warning Letter
• Inspection Responses That Failed to Hold Off FDA
From Issuing a Warning Letter (quick review)
• FDA Powers Beyond the Warning Letter – What the
Agency Can Do to You if It Does Not Like Your Reply
• The Evidentiary Status of a Warning Letter in Other
Litigation – J&J v. State of Arkansas
FDA Enforcement: The Cop is Back – How Enhanced Enforcement Can Impact You a...Michael Swit
December 15, 2010 webinar sponsored by The Weinberg Group on increased FDA enforcement activity under the Obama administration, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance Culture –The August 6, 2009 Speech and its Impact
Key FDA Enforcement Actions
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA’s Record under Enhanced Compliance
Leveraging Corporate Integrity Agreements for Healthcare CompliancePolsinelli PC
An effective compliance program is essential for healthcare providers and companies. These programs should be reviewed and updated according to the latest guidance. OIG's Corporate Integrity Agreements shed light on where the enforcement "hot spots" are, as well as identify potential areas of risk that your compliance program should address. Monitoring CIA trends provides much needed guidance to help shape an effective compliance program.
Additional topics of discussion:
Recent trends and developments in CIAs and what they mean for compliance programs
Best practices to prevent a CIA
Best practices for leveraging CIA lessons in your compliance program
Presenters:
Brian D. Bewley, Shareholder, Polsinelli
Jennifer L. Evans, Shareholder, Polsinelli
Safety and Regulatory Solutions to Address the Needs of Small and Medium Biop...Covance
Clinical trials are typically outsourced to full-service clinical research organisations (CROs) and many SMEs select them based on a CRO's ability to recruit patients in certain geographies and therapeutic areas. **Disclaimer: This article was previously published. Sciformix is now a Covance company.
This document outlines elements of a health, safety, and environment (HS&E) and process safety management system. It includes 17 elements that cover topics such as leadership commitment, compliance with legislation, employee competency, hazard identification, documentation, operating procedures, management of change, and project management. Each element lists requirements and expectations for an effective HS&E and process safety system. The document provides a framework for organizations to establish and maintain robust HS&E and process safety protections.
The document outlines an agenda for a webinar on best practices for promotional content review. The webinar will cover what good promotional practices are, the importance of implementing them now, a four-step PACE process for content review, standard operating procedures for review, and a case study on tradeshow preparation. It includes slides on the key topics that will be discussed, such as establishing a cross-functional review committee and using categorization to ensure consistent application of review standards.
The document discusses the key elements of an effective corporate compliance program. It notes that compliance programs must balance risk taking with regulatory obligations, have total commitment from leadership, and clearly define their scope in terms of regulations, geography, and stakeholders covered. An effective program also fosters discussion, protects whistleblowers, rapidly communicates changes, and is led by a dedicated team. The document outlines a five-phase approach to developing and implementing a compliance program: assess risks, develop policies and processes, implement a pilot program, operate the program ongoing, and monitor program effectiveness and cultural impact. It raises open questions about leadership priorities, resources, integration with other risk programs, and timelines.
Risk Assessment for CAPA Determoination (decision)Tarek Elneil
This document provides guidance on applying risk management principles to determine corrective and preventive action (CAPA) decisions. It defines factors for assessing risk, including severity, frequency, and detectability. Risk scores are calculated based on these factors for both product risks and compliance risks. The document provides a risk priority number matrix and guidance on CAPA decisions based on the risk assessment.
This document discusses developing effective safety standards and procedures. It covers reviewing various safety programs and principles, developing rules and procedures to guide the safety process, and the importance of management commitment to safety. It also summarizes a presentation on the federal and state rulemaking process for safety standards and tips for developing plant-specific standards and procedures.
If you are involved with Pharmacovigilance Audits or GPvP, you need to read this.
We also offer online courses for GPvP.. ask me for more details manish.kainth@infonetica.net
The document introduces the seven elements of an effective safety and health management system: 1) Management Commitment, 2) Accountability, 3) Employee Involvement, 4) Hazard Identification & Control, 5) Incident/Accident Investigation, 6) Training, and 7) Plan Evaluation. It describes each element and key aspects like establishing formal standards, conducting hazard analysis, investigating accidents to identify root causes, effective safety training, and evaluating the entire safety plan on an ongoing basis. The overall goal is to understand the basics of a safety management system and how implementing these seven elements can help create a proactive safety culture in any workplace.
This document discusses corrective and preventive action (CAPA) basics, including:
- The purpose of CAPA is to identify and address quality problems and prevent recurrence.
- Regulations require manufacturers to establish CAPA procedures, collect and analyze data, investigate issues, identify and validate corrective/preventive actions, and document activities.
- The level of CAPA should be appropriate to the risk level of the problem. Relevant information must be communicated and submitted for management review.
The Season for Compliance is upon. The Office of the Inspector General has mandated elder care facilities institute this 7 part compliance program. Are you ready?
Embedding Risk Management Into Your QMSSelene Crosby
This document discusses how to embed risk management into a quality management system. It provides an overview of quality management systems and risk management. It then uses the food manufacturing industry and their Safe Quality Foods (SQF) quality management system as a case study. The SQF system takes a risk-based approach to quality management by combining hazard analysis critical control points and failure mode and effects analysis. It advocates using an integrated, systematic approach involving cross-functional teams to identify risks, prevent risks, monitor critical control points, and continually improve the quality system.
Product Complaints: Complaint Handling from Intake to ClosureGRCTS
Overview :
An effective complaint handling system is an extremely important part of any quality system whether you are a medical device or pharmaceutical manufacturer. Manufacturers should understand that any complaint received on a product shall be evaluated and, if necessary, thoroughly investigated and analyzed, and corrective action shall be taken. Manufacturers must ensure that they have a well-designed system to address complaints related to their products. Components of a well-designed system include: process/procedure, trained personnel, and proper record keeping. Complaint handling is no easy task. Management might overlook the importance of customer feedback and be unable to capture all complaints coming from disparate sources. Plus, the additional regulatory reporting requirement related to adverse events may seem overly burdensome to device makers in particular. A strategic risk-based methodology can help streamline the complaint-handling process in medical device manufacturing.
The document discusses PAWS Pentana Audit Work System software and its benefits for risk managers, internal auditors, and other assurance providers. It provides an overview of what these roles do and their reasons for wanting audit management software. Key benefits include automating processes, enabling off-site review, reusing previous work, and coordinating assurance activities across departments to reduce duplication.
White paper pragmatic safety solutionsCraig Tappel
The document discusses pragmatic safety solutions for organizations without dedicated safety professionals. It provides an overview of key areas small to mid-sized firms should focus on, including employee health and safety, fleet safety, fire protection, and environmental exposures. It recommends conducting a gap assessment to identify priority areas and create a plan to address them. The document also gives examples of important components of an effective employee health and safety program, such as leadership commitment, policies, training, and accountability metrics.
The document discusses performance-based safety measurement and management. It provides examples of leading and trailing indicators that can be used to measure safety performance. Leading indicators measure proactive elements of a safety system like training, inspections, audits. Trailing indicators measure outcomes like injuries and accidents. A balanced set of metrics is recommended to fully evaluate safety. Establishing clear objectives, regular monitoring and using data to drive improvement are key aspects of an effective performance-based safety management system.
The document discusses how technology can help with compliance in life sciences sales and marketing. It covers several key technologies including content management systems, social collaboration platforms, social media monitoring tools, mobile sales reporting apps, and mobile device management software. These technologies can make compliance easier by enforcing policies and procedures, allowing for global policy changes quickly, and providing built-in protections, dashboards for monitoring, and archiving capabilities.
FDA Warning Letters: Key Legal and Tactical Issues in Dealing with FDA's "Sh...Michael Swit
April 30, 2014 webinar sponsored by Duane Morris, with a focus on:
• Why FDA Issues Warning Letters – and How the
Agency Expects Management to Act When You Get
One
• How to Respond to A Warning Letter
• Inspection Responses That Failed to Hold Off FDA
From Issuing a Warning Letter (quick review)
• FDA Powers Beyond the Warning Letter – What the
Agency Can Do to You if It Does Not Like Your Reply
• The Evidentiary Status of a Warning Letter in Other
Litigation – J&J v. State of Arkansas
FDA Enforcement: The Cop is Back – How Enhanced Enforcement Can Impact You a...Michael Swit
December 15, 2010 webinar sponsored by The Weinberg Group on increased FDA enforcement activity under the Obama administration, with a focus on:
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance Culture –The August 6, 2009 Speech and its Impact
Key FDA Enforcement Actions
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
FDA’s Record under Enhanced Compliance
A guide for how to survive a FDA Warning letter. So you got at FDA 483 and now you have a FDA Warning Letter, learn how to survive the storm. For more information go to http://compliance-insight.com/fda-483-warning-letters/
FDA Regulation of Advertising and Promotion -- Handling Promotional Complianc...Michael Swit
November 10, 2017 presentation to the ComplianceOnline course on Ensuring Compliance with FDA Regulation of Promotion & Advertising of Drugs and Medical Devices, in Boston.
Successfully Responding to FDA Inspections (483s) & Warning LettersMichael Swit
This document summarizes a presentation on responding to FDA inspections and warning letters. It discusses Commissioner Hamburg's 2009 speech that revived FDA's compliance culture and enforcement efforts. It outlines FDA's expectations for timely responses to Form 483 observations and warning letters. It provides tips for how companies can prepare for and handle inspections, including designating personnel roles and training employees. It also offers guidance on writing effective responses to Form 483s and warning letters that address each violation, present corrective actions, and minimize future regulatory risks.
Drug Development in Today's Regulatory EnvironmentMichael Swit
Webinar sponsored by NanoTecNexus (www.http://nanotecnexus.org/) on contemporary regulatory issues in drug development, with an emphasis on:
Overall Planning
Working With FDA
Clinical Trial Execution
CMC Issues
Safety Issues
Labeling
Ingredients – Active And Inactive
FDA Enforcement & Compliance for Medical DevicesMichael Swit
Presentation to the Food & Drug Law Institute (FDLI) Introduction to Medical Device Law, with a focus on:
* FDA Jurisdiction to Enforce
* Prohibited Acts and Penalties
* Inspections – FDA’s Prime Enforcement Tool
* Other “Cops on the Beat”
* Commissioner Hamburg’s Enforcement Initiative
REGULATORY AND OTHER PITFALLS IN DRUG DEVELOPMENTMichael Swit
Presentation to the San Diego Chapter of the American Chemical Society on on contemporary regulatory issues in drug development, with an emphasis on:
Overall Planning
Working With FDA
Clinical Trial Execution
CMC Issues
Safety Issues
Labeling
Ingredients – Active And Inactive
How to succeed when you get a FDA 483 form letter. What to do and how to handle your FDA 483. For more information go to http://compliance-insight.com/fda-483-warning-letters/fda-483-observations/
FDA Regulation of Promotion & Advertising -- Part 8: Handling Promotional Co...Michael Swit
This document summarizes a training session on handling promotional compliance at the company level. It discusses that companies need a system with procedures, training, records, audits and validation. It also recommends having a team that includes medical, R&D, regulatory, labeling, marketing, legal, and compliance review promotional materials. Additionally, it outlines key measures companies can take to protect themselves, including implementing an effective compliance program with written policies, a compliance officer, training programs, auditing, and responding promptly to any issues.
FDA Enforcement – Trends, Powers and Penalties Or “Why Crime Does Not Pay”Michael Swit
June 12, 2009 presentation to the Southern California Biomedical Council on FDA enforcement, with a focus on:
FDA Regulatory/Enforcement Authority --
Understanding
FDA Enforcement Trends
Drugs
Devices
Clinical Trials
Collateral Consequences of FDA Violations
Successfully Responding to FDA Inspections (483s) & Warning LettersMichael Swit
Presentation reviewing key issues and tactics associated with dealing with a company's reply to an FDA inspection and related warning letters. Includes lessons from actual responses.
This document discusses pharmacovigilance risk management audits. It defines an audit and explains why pharmacovigilance system audits are performed. It describes different types of audits, including global pharmacovigilance system audits, company affiliate audits, and marketing partner audits. It also outlines audit scheduling, fundamentals, reporting, corrective actions, follow-up, metrics, and inspection readiness best practices. The overall purpose of pharmacovigilance audits is to ensure compliance and patient safety.
Drug Safety: Perspectives on Industry's Duties in the Post-Vioxx Age.Michael Swit
Presentation to the Food & Drug Law Institute (FDLI) on Drug Safety with commentary on what are the emerging duties that industry may have to undertake in order to stay ahead of safety issues and avoid related products liability exposure.
Ensuring FDA Regulatory Success for Biomedical Companies -- Key Lessons for S...Michael Swit
Supporting Materials for Michael Swit's Panel remarks at the Workshop Co-sponsored by the Orange County Regulatory Affairs (OCRA) Discussion Group and the Small Business Development Center (SBDC) @ UCI Applied Innovation
Successfully Responding to FDA Inspections (483s) & Warning LettersMichael Swit
Presentation reviewing key issues and tactics associated with dealing with a company's reply to an FDA inspection and related warning letters. Includes lessons from actual responses
The document discusses the importance and benefits of implementing an effective compliance program at a health care organization. It outlines the key elements that should be included in a comprehensive compliance program, such as policies and procedures, oversight, education and training, auditing, reporting, and enforcement. An effective compliance program can help communicate an organization's commitment to ethics, prevent fines and penalties, and protect from liability. It is essential for health care providers to follow guidelines from the Office of Inspector General.
An effective compliance program has several key components: conducting a legal risk assessment to identify areas of focus, ensuring the program meets regulatory guidelines, tailoring the program to a company's unique operations, establishing standards and procedures to minimize risks and demonstrate commitment to ethical conduct, and providing training, monitoring, reporting, and investigations to foster a pro-compliance culture. An effective program is process-oriented, integrated into daily operations, and subject to continuous improvement.
The Small Company Clinical Study SponsorRoles & Duties Vis-à-vis LiabilityMichael Swit
This document summarizes a presentation given by Michael Swit on roles and responsibilities of small company clinical trial sponsors and how to minimize liability when outsourcing clinical trial activities. Key points discussed include clarifying what sponsors are responsible for versus outsourcing partners, ensuring compliance of outsourcing partners, maintaining oversight of critical trial activities in-house, and explaining to funders that quality must be prioritized over cost.
Presentation at ACI Conference on FDA Enforcement, covered:
Warning Letters, FDA Case Referral Process/Role of DOJ and U.S. Attorney, Coordination with States, Collateral Consequences of FDA Enforcement Actions
Similar to FDA Inspections: Handling the Consequences. Dealing with the aftermath of an FDA inspection. (20)
GMP Review -- Legal Letter from America Column -- How Data Integrity Issues S...Michael Swit
Article appearing in the October 2018 issue of GMP Review by Michael A. Swit explores how data integrity issues sunk a $4.3 billion acquisition of Akorn by Fresenius. Article stresses lessons not just for quality professionals, but also their top management.
FDA Regulation of Promotion & Advertising -- Part 8: Handling Promotional Com...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,November 2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 7: FTC RegulationMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,
FDA Regulation of Promotion & Advertising -- Part 6: First Amendment, Off-Lab...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 5: Social Media & InternetMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising -- Part 4: FDA Enforcement – Action...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston.
FDA Regulation of Promotion & Advertising -- Part 3: Disseminating Scientific...Michael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising --Part 2: Direct-to-Consumer AdsMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices,November 1-2, 2018, Boston
FDA Regulation of Promotion & Advertising -- Part 1: The BasicsMichael Swit
Presentation to the Compliance Online 2-day course on Ensuring Compliance with FDA Requirements for the Promotion & Advertising of Drugs and Medical Devices, November 1-2, 2018, Boston.
Regulatory, Quality & Clinical Due Diligence: The Oft Overlooked Keys to Suc...Michael Swit
June 23, 2010 webinar sponsored by The Weinberg Group, with an emphasis on key issues to explore during due diligence in acquiring FDA-regulated products or companies.
Quality Considerations in Due Diligence for Pharmaceutical TransactionsMichael Swit
The document discusses quality considerations in due diligence for pharmaceutical transactions. It outlines general considerations for due diligence structure and challenges. It emphasizes that quality matters because drugs made in non-compliant facilities can be considered adulterated by the FDA and result in criminal and civil penalties. The document provides examples of problems to look for, including manufacturing, pharmacovigilance, compliance history, FDA inspection history, and audits. It discusses techniques for probing issues, including reviewing FDA correspondence and litigation. Special considerations are outlined for different drug development stages. Helpful charts on diligence issues by stage and analyzing identified issues are presented.
Presentation on Critical Legal Issues Facing GMP ComplianceMichael Swit
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FDA Inspections: Handling the Consequences. Dealing with the aftermath of an FDA inspection.
1. MAGI’s Clinical Research Conference -
2009 West
Michael A. Swit, Esq., Vice President
October 6, 2009
San Diego, California
FDA Inspections: Handling the
Consequences
Dealing with the aftermath of an FDA
inspection.
2. Standard Disclaimers
Views expressed here are solely mine and do not
reflect those of my firm or any of its clients.
This presentation supports an oral briefing and
should not be relied upon solely on its own to
support any conclusion of law or fact.
3. What We Will Cover
Enforcement Trends Prior to Obama Administration
Commissioner Hamburg Revives FDA’s Compliance
Culture – The August 6, 2009 Speech and its Impact
How to Prepare for Increased Enforcement
How to Respond if Targeted
Consequences of Non-Compliance
9. Hamburg: Why We Need
Effective FDA Enforcement
Conceded FDA enforcement efforts have been deficient
Five key benefits of effective enforcement:
Protect public health by promptly intercepting unsafe or
fraudulent products – prevents additional harm
Deter others who might violate law
Informs public of potential harm
Creates level playing field for industry
Instill public confidence in FDA
10. Vigilance – both FDA and Industry
FDA -- Regular inspections and follow-ups
Companies
Must work quickly and thoroughly to correct problems
Must understand
if you cross the line, “you will be caught”
If you fail to act, FDA will
Strategic enforcement –
Greater focus on significant risks and violations
More meaningful penalties to “send a strong message to
discourage future offenses”
Hamburg: Four Essential Elements for
Effective FDA Enforcement
11. Four Essential Elements for
Effective Enforcement …
Quick action – FDA must respond rapidly, especially to:
Egregious violations
Violations that threaten the public health
Visible efforts – FDA must show all stakeholders it is on
the job
Will publicize enforcement actions widely – including rationales
for action
Goal:
Increase confidence in FDA
Deter non-compliance
12. Hamburg: Six New FDA
Enforcement Mandates
Impose clear post-inspection deadlines
Generally -- no more than 15 business days to respond 483
After that, agency can issue warning letter or take other
enforcement action
Speed the warning letter process -- by limiting review
by FDA Office of Chief Counsel to warning letters that
present significant legal issues
Work more closely with FDA’s regulatory partners
Example: in some cases, such as food safety, state, local, and
international officials can act more quickly than the FDA
When public health is at risk, the agency will coordinate with
its regulatory partners to take rapid action
13. Six New Enforcement Mandates …
Prioritize follow-up on all warning letters and other
enforcement actions
FDA will work quickly to assess the corrective action taken by industry
after a warning letter, a major product recall, or other enforcement action
Via new inspection or other form of investigation
FDA will be prepared to take immediate action to respond to
public health risks.
Actions may occur before a formal warning letter is issued – at any time
Days of multiple responses to inspections -- over
Develop and implement a formal warning letter “close-out”
process.”
If FDA determines a firm fully corrected violations in a warning letter,
agency will issue an official “close-out” notice and post on FDA Web site.
Seen as an “important motivator” for corrective action
14. Enhanced Enforcement In Action –
Timely 483 Responses Policy
Aug. 11 Federal Register notice – Post-inspection 483 responses
timing policy published – 15 business days
Timely Responses
FDA will conduct “detailed review” in deciding any enforcement action
If FDA issues a warning letter, letter will address sufficiency of response
Late responses
Response will not be considered by FDA in deciding to take enforcement
action such as a warning letter
If warning letter issues after a late 483 response, FDA will consider the 483
response in assessing firm’s later reply to warning letter
Purpose of warning letter: “to ensure that the seriousness and
scope of the violations are understood by top management … and
that the appropriate resources are allocated to fully correct the
violations and prevent their recurrence”
15. Enhanced Enforcement – In Action
KV – March 2009 – GMP consent decree four weeks
after inspection
H1N1 Websites – May 2009 -- 68 Warning Letters –
response time shortened to 48 hours due to the public
health aspects
Caraco – June 2009 -- seizure six weeks after inspection
Apotex – Sept. 2009 – import alert blocks all products
from two facilities
16. How to Prepare for
The New Enforcement Climate
The Big Picture
Compliance Culture – must exist at the top of your
organization and be driven down by senior management
throughout your firm not only in word, but in resources
FDA law requires – “Park Doctrine” – Strict Liability
Corporate law requires
Public company duties/Sarbanes-Oxley compliance
Best strategy to “avoid” enforcement – strict compliance
via robust “quality systems” in all impacted areas – quality,
regulatory, manufacturing, packaging, testing, etc.
17. How to Prepare …
Change Your Corporate Compliance World View
Oust the Reactionary Compliance Model
Historical focus -- always after-the-fact
Expense focus creates little incentive for forward thinking
Compliance generally seen as production cost
Rarely seen as a revenue-generating opportunity
Viewed as lower priority within an organization
Perceived as a burden -- a leash with little up side potential
Embrace Compliance As a Corporate Asset
Corporate culture must change
Quality Systems must be integrated into the process, not an
additional component
Process must evolve from one of police action to one of
forethought
18. How to Prepare …
Culture Change -- Dramatic And Difficult
Quality function must be valued by management
Increase visibility of quality unit
Visibly exhibit an intolerance for lack of compliance
Quality must be seen as a priority
Embrace a Proactive Approach
“It is often said at FDA that firms that are in compliance tend
to stay in compliance, but once a firm gets out of compliance
getting back into compliance is a very steep road to climb. Try
to avoid that road.” – Daniel Troy, former FDA Chief Counsel
19. How to Prepare …
Build The Right Quality Systems
Create a self-determining culture
Make regulatory mandates obvious and routine, not the focus
Use Quality Assurance as a cost-improvement methodology
Proactive Approach To Increasing Profitability
Approach facilities and operations inspections proactively
Use third parties
Assess all business operations
Act on things immediately
Change focus from compliance to improvement – that
compliance is subset of quality
20. How to Prepare …
Detailed view – quality systems throughout your organization
that reflect strong:
Procedures
Training
Audits
Validation
Recordkeeping
Key SOPS – Clinical Research Setting
Handling FDA Inspections
Informed Consent
IRB Interaction
AER Handling
Protocol Changes
IND/IDE Maintenance
Site Monitoring
Clinical Trial Registry compliance
Clinical Supply Handling
21. When FDA Enforcement Hits
How It May Hit In Clinical Research Setting
Administrative Enforcement
Inspections
Investigations
Warning letter
Clinical Holds – can be compliance based
AIP
Termination of an IND or IDE
Disqualification procedures with clinical investigators
Civil Money Penalties
Judicial Enforcement
Injunction
Criminal Prosecution
22. When FDA Enforcement Hits …
Who FDA Can Target: any individual within the
organization that has a position of responsibility for the
violative aspect of the company’s operation,
including:
Clinical Investigators
Research coordinators/nurses
IRBs/IRB members
23. When FDA Enforcement Hits -- Assessing
Assess each allegation/observation
Focus on specifics
Focus on system-wide implications
Focus on global implications
Consider affected products – should investigation continue?
Consider root-cause analysis
Focus on the regulatory requirement(s) associated
with each allegation/observation
Develop action plan to achieve immediate, short-term,
and long-term correction and to prevent recurrence
Know when to seek outside assistance
24. When Enforcement Hits –
Keys to Responding
Include a commitment/statement from senior leadership
Address each allegation/observation separately
Be discreet in deciding to agree or disagree with the
allegation/observation –
focus on facts
do not admit to violations
Provide corrective action accomplished and/or planned; tell FDA
the plan
Be specific (e.g. observation-by-observation)
Be complete
Be realistic
Be able to deliver what you promise
Address affected products
25. When Enforcement Hits –
Keys to Responding …
Provide time frames for correction
Describe method of verification and/or monitoring for
corrections
Submitting documentation of corrections where
reasonable & feasible
Be Timely and Thorough – deliver what you promised
when you promised it
26. FDA Expectations for Your Response
Wants to Hear Your D.R.U.M. – expects your
response to have these qualities:
Direct – i.e., address the items directly raised in the 483 or
warning letter
Related – go beyond those to potentially related problems
Universal – expand to review those issues company-wide
Management & Monitoring – show that you will stay on
top of the issues and that management is involved
Source: “Compliance and Enforcement.” Presentation by David K.
Elder, Director, FDA Office of Enforcement, at the Orange County
Regulatory Affairs (OCRA)/FDA Joint Educational Conference. June
15, 2005. Irvine, California.
27. Direct Possible Consequences
of Non-Compliance
Clinical holds – study stopped
AIP – application reviews suspended
Civil Money Penalties -- $$$
Injunctions – selling/manufacturing could be halted for years
Prosecutions
Fines -- $$$
Imprisonment
Disqualification proceedings
Approval withdrawal proceedings
Expense of dealing with FDA action – lawyers, consultants,
experts
28. Collateral Consequences
of Non-Compliance
Financial consequences
Lost sales
Stock price drops – market capitalization – ability to use capital
markets
Shareholders sue the company, its officers and directors
Other companies may sue the company if reason for non-
compliance gave you a competitive edge
Federal government may suspend or “debar” company from
selling to government
Financing covenants may be violated
29. Collateral Consequences of
Non-Compliance …
Other Consequences
State license actions – could pull your manufacturing license
Lay-offs
Damage to corporate reputation
Lost time – interruption with normal operations
Consequences for Individuals
Job loss
Reputation
Expense of defending – and your company may not have to pay
Impact of convictions
Deportation if not U.S. citizen
Imprisonment
Fine
Right to vote/run for public office
30. Call, e-mail, fax or write:
Michael A. Swit, Esq.
Vice President
The Weinberg Group Inc.
336 North Coast Hwy. 101
Suite C
Encinitas, CA 92024
Phone 760.633.3343
Fax 760.454.2979
Cell 760.815.4762
michael.swit@weinberggroup.com
www.weinberggroup.com
Questions?
31. About your speaker…
Michael A. Swit, Esq., is a Vice President at THE WEINBERG GROUP, where he develops and ensures the
execution of a broad array of regulatory and other services to drug and biologics clients seeking to market products in
the United States. His expertise includes FDA development strategies, compliance and enforcement initiatives, recalls
and crisis management, submissions and related traditional FDA regulatory activities, labeling and advertising, and
clinical research efforts.
Mr. Swit has been addressing critical FDA legal and regulatory issues since 1984. His multi-faceted experience
includes serving for three and a half years as corporate vice president, general counsel and secretary of Par
Pharmaceutical, a prominent, publicly-traded, generic drug company and, thus, he brings an industry and commercial
perspective to his work with FDA-regulated companies. Mr. Swit then served for over four years as CEO of
FDANews.com, a premier publisher of FDA regulatory newsletters and other specialty information products for the
FDA-regulated community. His private FDA regulatory law practice has included service as Special Counsel in the
FDA Law Practice Group in the San Diego office of Heller Ehrman White & McAuliffe and with the Food & Drug
Law practice at McKenna & Cuneo, both in the firm’s Washington office and later in San Diego. He first practiced
FDA regulatory law with the D.C. office of Burditt & Radzius.
Mr. Swit has taught and written on a wide variety of subjects relating to FDA law, regulation and related commercial
activities, including, since 1989, co-directing a three-day intensive course on the generic drug approval process and
editing a guide to the generic drug approval process, Getting Your Generic Drug Approved. A former member of the
Food & Drug Law Journal Editorial Board, he also has been a prominent speaker at numerous conferences sponsored
by such organizations as RAPS, FDLI, and DIA. A magna cum laude graduate of Bowdoin College, he received his
law degree from Emory University Law School and is a member of the California, D.C. and Virginia bars.