The U.S. Food and Drug Administration today announced the following actions taken in its ongoing response effort to the COVID-19 pandemic:

• The FDA has issued a warning letter to Nephron Pharmaceuticals Corporation (Nephron) due to emails Nephron’s CEO and a sales representative sent concerning its product Budesonide Inhalation Suspension, which were the subject of complaints submitted to the FDA Bad Ad Program. The emails provide evidence that Budesonide is intended for a new use for which it lacks approval, specifically the treatment of symptoms associated with COVID-19, and for which its labeling does not provide adequate directions for use. This renders Budesonide misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and makes its distribution violative. The emails are also false or misleading in that they represent that Budesonide has certain benefits, but fail to include any risk information about the drug. This also renders Budesonide misbranded and makes its distribution violative. These violations are concerning because they create a misleading impression about the safety and effectiveness of Budesonide for the treatment of COVID-19 and suggest a use for which the labeling does not provide adequate directions for safe and effective use of the product.
• The FDA posted a transcript of Dr. Stephen M. Hahn, M.D.’s remarks to the National Consumers League earlier this week about the vaccine review process.
• Testing updates:
  • As of today, 267 tests are authorized by FDA under EUAs; these include 212 molecular tests, 51 antibody tests, and 4 antigen tests.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

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