FDA Presses Pause on Domestic and Foreign Inspections for all FDA-Regulated Products Due To COVID-19 Concerns
Client Alert | 1 min read | 03.20.20
In response to the recent COVID-19 pandemic, the U.S. Food and Drug Administration (“FDA”) has temporarily paused all domestic and international on-site inspections not deemed “mission-critical.”
On Wednesday, March 18th, FDA Commissioner Stephen Hahn announced that the Agency would temporarily halt domestic inspections not deemed “mission-critical,” citing concerns for the health and well-being of its staff. These are inspections the FDA conducts every few years based on a risk analysis. Instead, during this interim period, the Agency will evaluate alternative ways to conduct inspectional work to ensure the safety of the firm and the FDA staff such as evaluating records in lieu of conducting onsite inspections. It is important to note that domestic for-cause inspections will proceed if considered “mission-critical.”
Similarly, on March 10th, the Agency announced that it would temporarily scale back foreign inspections, through April, not deemed “mission-critical.” The FDA cited a number of factors including State Department travel advisories, CDC travel recommendations, and other guidance. FDA stated that in the interim, it would employ additional tools to ensure the safety of imported products, including denying entry of unsafe products, physical inspection, product sampling at the border, and reviewing the manufacturer’s compliance history, among others. As is the case with domestic inspections, inspections of foreign facilities deemed “mission critical” will continue on a case-by-case basis.
FDA encourages the industry to “own” safety and quality during this unprecedented time, and adhere to existing reporting and cGMP requirements pertaining to manufacturing, sanitation, and process controls.
In short, the spring on-site inspection that your business has been expecting probably won’t happen. Domestic and foreign manufacturers, nonetheless, should continue adhering to all cGMP and reporting requirements, as FDA indicated it may rely on such reports to determine manufacturer compliance. In addition, we expect that the FDA will extend its suspension of non-critical foreign inspections beyond April.
Contacts
Insights
Client Alert | 3 min read | 05.28.26
Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene

