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Dormant drug status can trigger generic access to an alternate Canadian Reference Product

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on February 8, 2024

On January 26, 2024, Health Canada published a Notice concerning its application of the definition of Canadian Reference Product (CRP) in the Food and Drug Regulations (Regulations). The Notice advises that if an innovative drug is…

Pharma in Brief’s 2023 Year in Review and Trends for 2024

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By Kristin Wall, Christopher A. Guerreiro, Paul Jorgensen & Pardeep Heir on January 10, 2024

As you start the new year, allow us to recap 2023’s important legal and regulatory developments for Canadian pharma. We also flag what to watch out for in 2024. 

The most significant legal development in 2023 was the introduction of…

Florida approved to import Canadian prescription drugs

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on January 7, 2024

On January 5, 2024, the US Food and Drug Administration (FDA) approved Florida’s proposal to import prescription drugs from Canada. This is the first approval of a Section 804 Importation Program (SIP) by the FDA. Whether…

New Canadian Drug Agency formed, while National Pharmacare bill is delayed into 2024

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By Kristin Wall, Christopher A. Guerreiro & Paul Jorgensen on December 20, 2023

The Government of Canada has announced the creation of the Canadian Drug Agency (CDA). According to the government, the CDA “will provide the dedicated leadership and coordination needed to make Canada’s drug system more sustainable and better prepared…

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What is a natural health product? Health Canada’s findings upheld by Federal Courts

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By Kristin Wall & Paul Jorgensen on November 20, 2023

In recent months, the Federal Courts have twice upheld Health Canada’s findings as to what is, and is not, a natural health product. The Courts’ decisions provide insight into how natural health products are distinguished, under federal law, from cosmetics…

Federal Court finds that Health Canada breached procedural fairness by relying on an undisclosed internal guidance document

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By Kristin Wall, Paul Jorgensen & John Greiss on September 5, 2023

On August 8, 2023, the Federal Court overturned Health Canada’s decision that a cannabis product, Edison Jolts, was to be classified as edible cannabis and not cannabis extract.   The Court found that Health Canada had breached the duty of procedural…

Health Canada releases updated Certificate of Supplementary Protection guidance

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By Sarah Pennington, Paul Jorgensen & Kristin Wall on May 29, 2023

On May 12, 2023, Health Canada announced the release of an updated version of the Guidance Document: Certificates of Supplementary Protection (CSP Guidance).  The CSP Guidance was revised to reflect amendments to the definition of “authorization for sale”…

Canada announces its first-ever national strategy for drugs for rare diseases

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By Sarah Pennington, Paul Jorgensen & Kristin Wall on March 27, 2023

On March 22, 2023, Canada’s federal government announced its first-ever National Strategy for Drugs for Rare Diseases, including an investment of up to $1.5 billion over three years to help increase drug access and affordability. 

Investments made as part

…

Health Canada consulting on wide-ranging regulatory amendments for drugs and medical devices

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By Kristin Wall, Paul Jorgensen & John Greiss on January 19, 2023

Health Canada has launched a consultation on proposed amendments to the Food and Drug Regulations and Medical Devices Regulations (the Regulatory Amendments). Consultation on the Regulatory Amendments, which have been published in the Canada Gazette, Part 1, is…

Health Canada’s proposed amendments to the Food and Drug Regulations and the Medical Devices Regulations

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By Sarah Pennington & Kristin Wall on August 9, 2021

On July 31, 2021, Health Canada published a Notice of Intent outlining its plan to amend the Food and Drug Regulations (FDR) and the Medical Devices Regulations in the spring of 2022. The proposed amendments are intended to…

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