Non-binding Guidance

Hosted by Ropes & Gray LLP

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Oct 2025

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About the show

A Ropes & Gray (RopesTalk) podcast series, focused on current trends in FDA regulatory law, as well as other important developments affecting the life sciences industry.

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21 recent

October 6, 2025Episode 3729 min

The Administration's Focus on Direct-to-Consumer Prescription Drug Advertising

In this episode of Non-binding Guidance, Greg Levine and Josh Oyster, partners in Ropes & Gray’s life sciences regulatory and compliance practice group discuss the Trump administration’s recent crackdown on direct-to-consumer (DTC) prescription drug advertising. The conversation explores the coordinated actions by HHS and FDA, aggressive enforcement measures, proposed rulemaking to reshape DTC broadcast ads, and the use of AI in regulatory oversight. The hosts examine the impact of recent FDA enforcement letters, challenges in digital and social media promotion, and the shifting compliance landscape for pharmaceutical companies. This episode offers practical guidance for life sciences companies navigating this rapidly changing regulatory environment.

May 8, 2025Episode 3617 min

Trends in False Advertising and Related Competitor Disputes Involving FDA-Regulated Products

On this episode of Ropes & Gray's Non-binding Guidance podcast , life sciences regulatory and compliance partner Josh Oyster discusses the complex world of false advertising and unfair competition disputes involving drugs, medical devices, and other FDA-regulated products. He explores recent developments in Lanham Act competitor lawsuits, ITC investigations, and the shifting regulatory landscape. Discover the nuances of private litigation, the powerful remedies available through Section 337 investigations, and the potential impact of recent changes at FDA.

November 19, 2024Episode 3515 min

Clinical Trial Diversity in Focus

On this episode of Ropes & Gray’s podcast series Non-binding Guidance, health care partner David Peloquin and life sciences regulatory and compliance counsel Sarah Blankstein discuss the FDA's recent draft guidance on diversity action plans (DAPs) aimed at improving the enrollment of underrepresented populations in clinical studies. They examine the implications and challenges sponsors may face in setting and meeting enrollment goals, as well as the potential impact of the recent presidential election on the final guidance. They also address key open questions related to the draft guidance.

October 22, 2024Episode 3437 min

The Demise of Chevron and Implications for Future APA Challenges

On this episode of Ropes & Gray’s podcast series, Non-binding Guidance, life sciences regulatory and compliance partner Greg Levine and counsel Beth Weinman are joined by appellate and Supreme Court practice head Doug Hallward-Driemeier to explore the Supreme Court's recent landmark decision in Loper Bright, which ended the long-standing practice of Chevron deference. Learn how this ruling has reshaped the regulatory landscape for federal agencies like the FDA and what it means for companies navigating these changes, including implications for Administrative Procedure Act (APA) challenges going forward.

June 28, 2024Episode 3221 min

FDA Regulatory & Enforcement Risks Relevant to Academic Medical Centers, Health Systems and Research Institutions

On this episode of Ropes & Gray’s podcast series, Non-binding Guidance, counsel Steve Sencer moderates a discussion on how FDA regulatory issues may impact academic medical centers (AMCs), health systems, and universities/research institutions. Joined by partner David Peloquin, and counsel Sarah Blankstein and Beth Weinman, the episode explores the complexities of FDA regulation, the potential risks, and the best practices to mitigate them. The discussion also highlights the challenges and implications of using digital tools in research studies.

January 31, 2024Episode 3029 min

U.S. Life Sciences Regulatory and Compliance Outlook 2024 (Part IV): Digital Health

Join Ropes & Gray’s life sciences attorneys for a podcast series exploring regulatory, compliance, and enforcement changes emanating from Washington, D.C. and the potential impact on life sciences companies in 2024. In this fourth and final episode, attorneys Greg Levine, Sarah Blankstein, and Beth Weinman discuss key areas to watch related to FDA regulation of digital health tools in 2024. These include digital health technologies used in product development, artificial intelligence and machine learning-enabled medical devices, clinical decision support software, and medical device cybersecurity.

January 17, 2024Episode 2728 min

U.S. Life Sciences Regulatory and Compliance Outlook 2024 (Part I): FDA Enforcement and Litigation

Join Ropes & Gray’s life sciences attorneys for a podcast series exploring regulatory, compliance, and enforcement changes emanating from Washington, D.C. and the potential impact on life sciences companies in 2024. In this first episode, we focus on key issues to watch related to FDA enforcement and litigation in 2024. These include potential litigation over FDA’s planned final rule to regulate laboratory-developed tests (“LDTs”), the Supreme Court's review of FDA’s approval of mifepristone for medication abortion, litigation related to FDA discouraging the use of ivermectin in humans during the pandemic, and the potential effects of organizational changes in FDA’s Office of Regulatory Affairs (“ORA”) on inspections and enforcement.

October 30, 2023Episode 2523 min

FDA’s Proposed Rule on Laboratory Developed Tests

This installment of Ropes & Gray’s podcast series Non-binding Guidance focuses on FDA’s proposed rule that would affirm the Agency’s position that laboratory developed tests (“LDTs”) are in vitro diagnostic products regulated as medical devices under the Federal Food, Drug, and Cosmetic Act (“FDCA”). In this episode, hear from Greg Levine, Josh Oyster, and Beth Weinman, industry-leading attorneys from Ropes & Gray’s life sciences regulatory and compliance team based in Washington, D.C., as they discuss FDA’s proposal to phase out the enforcement discretion policy it has historically applied to most LDTs.

July 17, 2023Episode 247 min

Introducing the U.S. Medical Device Recalls Resource Manual

Join partners Greg Levine and Josh Oyster from Ropes & Gray’s life sciences regulatory and compliance practice group for a special edition of Non-binding Guidance, a podcast series which focuses on current trends in life sciences regulatory law as well as other important developments affecting the life sciences industry. On this episode, Greg and Josh discuss the publication of Ropes & Gray’s U.S. Medical Device Recalls Resource Manual, a reference tool to guide medical device companies considering, planning, or executing product recalls and other field actions.

May 10, 2023Episode 2321 min

Recent Developments in Oncology Drug Development

This installment of Ropes & Gray’s podcast series Non-binding Guidance explores recent regulatory developments related to the development and approval of oncology drugs in the U.S. and Europe. On this episode, hear from Ropes & Gray FDA regulatory partner Josh Oyster and head of the European life sciences practice Lincoln Tsang as they compare approaches from FDA and E.U. legislation, and discuss what that means for companies researching and developing new oncology products for a global market.