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Tag: U.S. Food and Drug Administration

  • Tylenol, Kleenex, Band-Aid and more put under one roof in $48.7 billion consumer brands deal

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    Kimberly-Clark is buying Tylenol maker Kenvue in a cash and stock deal worth about $48.7 billion, creating a massive consumer health goods company.

    Shareholders of Kimberly-Clark will own about 54% of the combined company. Kenvue shareholders will own about 46% in what is one of the largest corporate takeovers this year. The deal must still be approved by the shareholders of both companies.

    The combined company will have a huge stable of household brands under one roof, putting Kenvue’s Listerine mouthwash and Band-Aid side-by-side with Kimberly-Clark’s Cottonelle toilet paper, Huggies and Kleenex tissues. It will also generate about $32 billion in annual revenue.

    Kenvue has spent a relatively brief period as an independent company, having been spun off by Johnson & Johnson two years ago. J&J first announced in late 2021 that it was splitting its slow-growth consumer health division from the pharmaceutical and medical device divisions.

    Kenvue has since been targeted by activist investors unhappy about the trajectory of the company and Wall Street appeared to anticipate some heavy lifting ahead for Kimberly-Clark.

    Kenvue’s stock jumped 12% Monday afternoon, while shares of Kimberly-Clark, based outside of Dallas, slumped by nearly 15%.

    Kenvue shares have shed nearly 50% of their value since approaching $28 in the spring of 2023. Morningstar analyst Keonhee Kim said Kenvue’s volatile journey as a public company may have been driven in part by poor execution and a lack of experience operating as a stand-alone business.

    He said the leadership of a more-established consumer products company like Kimberly-Clark could help unlock some of Kenvue’s value.

    He also noted that Kenvue brands include Neutrogena, Benadryl and other names that have been in store consumer health aisles for decades. Kim said he thinks Kimberly-Clark may have seen upside in adding those products.

    “I think that may have made the deal a lot more attractive … especially after the past couple of months of Kenvue’s stock price decline,” he said.

    Kenvue and Tylenol have been thrust into the national spotlight this year as President Donald Trump and Health Secretary Robert F. Kennedy Jr. promoted unproven and in some cases discredited ties between Tylenol, vaccines and the complex brain disorder autism.

    Trump then urged pregnant women against using the medicine. That went beyond Food and Drug Administration advice that doctors “should consider minimizing” the painkiller acetaminophen’s use in pregnancy — amid inconclusive evidence about whether too much could be linked to autism.

    Kennedy reiterated the FDA guidance during a press conference last week. He said that there isn’t sufficient evidence to link the drug to autism.

    “We have asked physicians to minimize the use to when it’s absolutely necessary,” he said.

    Kenvue has continued to push back on the Trump administration’s public statements about Tylenol and acetaminophen, the active ingredient it contains.

    “We strongly disagree with allegations that it does and are deeply concerned about the health risks and confusion this poses for expecting mothers and parents,” Kenvue said in a statement on its website.

    The merger could face other hurdles. Citi Investment Research analyst Filippo Falorni said he is concerned about the deal’s size given the recent history in the sector, particularly given the challenges faced by Kenvue.

    In July, Kenvue announced that CEO Thibaut Mongon was leaving in the midst of a strategic review, with the company under mounting pressure from activist investors unhappy about growth. Critics say Kenvue has relied too much on its legacy brands and failed to innovate.

    Industry analysts also point out the poor track record for mergers involving consumer packaged goods companies. In September, Kraft Heinz said it would break up its decade-old merger. Its net revenue has fallen every year since 2020.

    Kimberly-Clark and Kenvue, like Kraft Heinz, are facing increasing competition from cheaper store brands. In 2024, 51% of toilet paper and other household paper products sold in the U.S were store brands, according to Circana, a market research company, while store brands held a 24% share of sales of health products, including medications and vitamins.

    On Monday, a bottle of 100 extra-strength Tylenol caplets cost $10.97 on Walmart’s website. A bottle of 100 extra-strength acetaminophen caplets from Walmart’s Equate brand cost $1.98.

    Inflation drove some of that buyer behavior, Circana said. Shoppers are also shifting their purchases to stores with more private-label brands, like Aldi and Costco. And stores are improving their offerings and adding more of them; last year, Walmart and Target both launched new store brands to complement their existing ones.

    Still, both Kimberly-Clark and Kenvue make name-brand products in segments where consumers are less likely to shift to store brands, including hair care, skin care, feminine products and mouth care, according to Circana. Kenvue owns brands like Aveeno and Neutrogena, for example, while Kimberly-Clark makes Kotex and Depend.

    Kimberly-Clark Chairman and CEO Mike Hsu will be chairman and CEO of the combined company. Three members of the Kenvue’s board will join Kimberly-Clark’s board at closing. The combined company will keep Kimberly-Clark’s headquarters in Irving, Texas, but there will be significant operations around Kenvue facilities and locations as well.

    The deal is expected to close in the second half of next year. It still needs approval from shareholders of both both companies.

    Kenvue shareholders will receive $3.50 per share in cash and 0.14625 Kimberly-Clark shares for each Kenvue share held at closing. That amounts to $21.01 per share, based on the closing price of Kimberly-Clark shares on Friday.

    Kimberly-Clark and Kenvue said that they identified about $1.9 billion in cost savings that are expected in the first three years after the transaction’s closing.

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    AP Health Writer Tom Murphy contributed to this report.

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  • A promising schizophrenia drug showed mixed results. What does that mean for patients?

    A promising schizophrenia drug showed mixed results. What does that mean for patients?

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    Some people who took a new schizophrenia drug for a year improved with only a few side effects, but many dropped out of the research, the company announced Thursday.

    The results underscore the difficulties in treating schizophrenia, a severe mental illness that can cause people to hear voices, feel paranoid and withdraw from others. High dropout rates are typical in schizophrenia drug studies.

    Finding a drug that works can be a long ordeal punctuated by crises and hospitalizations. Side effects of existing medications — weight gain, tremors, restlessness — cause some people to stop taking medicine and relapse.

    There’s been great hope among doctors for Cobenfy, which was approved in September, because it acts in the brain differently than other schizophrenia drugs. Instead of blocking dopamine receptors, Cobenfy’s main ingredient, xanomeline, works on a different receptor that indirectly blocks dopamine release.

    Cobenfy also contains trospium, which blocks some of the side effects. The most common are nausea, vomiting and indigestion. In contrast to the weight gain seen with other schizophrenia drugs, people lost a few pounds while taking Cobenfy, made by Bristol Myers Squibb.

    Dr. John Krystal of Yale University has led research on other schizophrenia drugs but was not involved in the new studies. He noted that just 10% to 20% of participants in the new studies dropped out because of side effects.

    “That is pretty good,” he said, noting that fewer or milder side effects could mean people will stay in treatment longer. That could mean fewer problems associated with untreated mental illness: substance use, homelessness and unemployment.

    So why did some patients stick with treatment while others dropped out? Krystal said it will be important to understand more about that as doctors start prescribing the drug.

    The Food and Drug Administration approved Cobenfy on the strength of two encouraging company-sponsored five-week trials and other safety data. The latest results announced Thursday at the Psych Congress meeting in Boston come from two longer studies, providing a fuller picture.

    In one study, focused on severely ill patients, 78% dropped out, leaving only 35 people for the final analysis. In the other, focused on more stable people, 51% left the study, leaving 283 who took the drug for a year.

    “It’s not any higher or any lower than what we typically see” in schizophrenia studies, said Dr. Greg Mattingly of Washington University School of Medicine in St. Louis. Mattingly is a consultant for Bristol Myers Squibb and a researcher on one of the studies.

    In the more severely ill group, 69% of people had a meaningful improvement in their symptoms at the end of the year. In the other group, 30% saw a meaningful benefit.

    Results of interviews with a sample of study participants conducted by an independent research team and shared by Bristol Myers Squibb showed the likelihood of continuing treatment. After six months, 36 said they would continue taking Cobenfy after the trial if given the option; 10 said they would not. Some participants said the drug reduced the voices while others said it didn’t work for them.

    The estimated yearly cost for Cobenfy is $22,500 compared to $540 for a generic antipsychotic. Krystal and others worry that insurers will require people to try cheaper drugs first before covering Cobenfy. Most patients’ out-of-pocket costs will be much lower, depending on insurance and other factors.

    One cheaper generic called clozapine is widely considered one of the best treatments for schizophrenia, Krystal said. It is underused in the U.S. compared to some other countries because of a cumbersome blood testing program.

    The FDA started the blood tests to watch for the risk of severe neutropenia, a rare side effect which can be fatal. But doctors and families have told the FDA that patients have relapsed when their clozapine was withheld or delayed because of the testing requirements.

    Sally Littlefield, 29, of Alameda, California, said what works for her is a monthly injection of a long-acting antipsychotic medication. Littlefield, who has schizophrenia and bipolar disorder, wants to learn more about the experiences of people who’ve taken Cobenfy and not just from players with a financial stake.

    Mindy Greiling of Roseville, Minnesota, wants to see data on how Cobenfy compares to clozapine, which works for her 47-year-old son, Jim. Weight gain was a problem for him, but since taking diabetes medication, he’s back to his normal weight, Greiling said.

    Cobenfy “is getting a lot of ballyhoo, as any new drug does,” Greiling said. “It’s just a nonstarter for me unless it turns out that it’s better than clozapine.”

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    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • Teen vaping hits 10-year low in the US

    Teen vaping hits 10-year low in the US

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    WASHINGTON (AP) — Fewer adolescents are vaping this year than at any point in the last decade, government officials reported Thursday, pointing to a shrinking number of high school students who are using Elf Bar and other fruity, unauthorized e-cigarettes.

    The latest survey numbers show the teen vaping rate fell to under 6% this year, down from 7.7% in 2023. More than 1.6 million students reported vaping in the previous month — about one-third the number in 2019, when underage vaping peaked with the use of discrete, high-nicotine e-cigarettes like Juul.

    This year’s decline was mainly driven by a half-million fewer high school students who reported using e-cigarettes in the past month, officials said. Vaping was unchanged among middle schoolers, but remains less common in that group, at 3.5% of students.

    “This is a monumental public health win,” FDA’s tobacco director Brian King told reporters. “But we can’t rest on our laurels. There’s clearly more work to do to further reduce youth use.”

    King and other officials noted that the drop in vaping didn’t coincide with a rise in other tobacco industry products, such as nicotine pouches.

    Sales of small, flavored pouches like Zyn have surged among adults. The subject of viral videos on social media platforms, the pouches come in flavors like mint and cinnamon and slowly release nicotine when placed along the gumline. This year’s U.S. survey shows 1.8% of teens are using them, largely unchanged from last year.

    “Our guard is up,” King said. “We’re aware of the reported growing sales trends and we’re closely monitoring the evolving tobacco product landscape.”

    The federal survey involved more than 29,000 students in grades 6 through 12 who filled out an online questionnaire in the spring. Health officials consider the survey to be their best measure of youth tobacco and nicotine trends. Thursday’s update focused on vaping products and nicotine pouches, but the full publication will eventually include rates of cigarette and cigar smoking, which have also hit historic lows in recent years.

    Officials from the FDA and Centers for Disease Control and Prevention attributed the big drop in vaping to recent age restrictions and more aggressive enforcement against retailers and manufacturers, including Chinese vaping companies who have sold their e-cigarettes illegally in the U.S. for years.

    Use of the most popular e-cigarette among teens, Elf Bar, fell 36% in the wake of FDA warning letters to stores and distributors selling the brightly colored vapes, which come in flavors like watermelon ice and peach mango. The brand is part of a wave of cheap, disposable e-cigarettes from China that have taken over a large portion of the U.S. vaping market. The FDA has tried to block such imports, although Elf Bar and other brands have tried to find workarounds by changing their names, addresses and logos.

    Teen use of major American e-cigarettes like Vuse and Juul remained significant, with about 12% of teens who vape reporting use of those those brands.

    In 2020, FDA regulators banned fruit and candy flavors from reusable e-cigarettes like Juul, which are now only sold in menthol and tobacco. But the flavor restriction didn’t apply to disposable products, and companies like Elf Bar stepped in to fill the gap.

    Other key findings in the report:

    — Among students who current use e-cigarettes, about 26% said they vape daily.

    — Nearly 90% of the students who vape used flavored products, with fruit flavors as the overwhelming favorite.

    — Zyn is the most common nicotine pouch among teens who use the products.

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    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • FDA deprives Michigan veterans of research on medical cannabis

    FDA deprives Michigan veterans of research on medical cannabis

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    Michigan’s marijuana regulators doled out nearly $40 million in weed taxes since 2021 to fund studies about the potential medical benefits of marijuana on military veterans.

    But federal restrictions on cannabis have prevented a vast majority of those studies from advancing, depriving veterans of the opportunity to benefit from the research.

    In all of the studies involving marijuana containing THC, no veterans have received cannabis in a trial. THC is the active ingredient in marijuana that produces a high.

    But there is good news for research involving CBD, the non-psychoactive chemical compound in cannabis that does not produce a high. At the University of Michigan, which was awarded a $7.4 million grant from cannabis taxes in 2022, veterans have already begun participating in trials. The studies are evaluating marijuana’s role in pain management and other health issues facing veterans.

    “We’ve heard from a lot of veterans who want to see if this non-intoxicating component of cannabis that has little to no abuse potential is helpful for pain,” Dr. Kevin Boehnke, one of the lead researchers and assistant professor of anesthesiology at the University of Michigan, tells Metro Times. “We want to figure that out. It’s a pragmatic design that meets people where they are at and helps people figure out if this is safe and effective. We want to make sure that we’re keeping the people in the study safe. That’s our number one priority.”

    When Michigan voters approved a ballot measure in November 2018 to legalize recreational marijuana, the proposal included a mandate to use cannabis tax revenue to research the drug’s health benefits for veterans.

    The state’s Cannabis Regulatory Agency lived up to the promise and awarded grants to Wayne State University, the University of Michigan, and the Multidisciplinary Association for Psychedelic Studies (MAPS) in 2021 and 2022 to research the potential health effects of medical marijuana on military veterans with mental health disorders.

    More than 460,000 veterans live in the state, and many of them have post-traumatic stress disorder (PTSD), anxiety, trouble sleeping, and depression.

    In one case, the Food and Drug Administration halted MAP’s clinical trial to examine the efficacy of marijuana in preventing suicide and treating veterans for PTSD. It was billed as the first clinical trial to examine the inhalation of high-THC cannabis.

    But the FDA said inhaling marijuana is too dangerous for participants, even though that’s how most people use cannabis.

    MAPS said it’s appealing the decision to the FDA’s Office of Neuroscience.

    In response, MAPS offered last year to “reduce the risks of the study” to satisfy the FDA by reducing the daily intake of marijuana during the trials and to bar participants who have a history of asthma or heart disease.

    “These protocol changes reflect a significant effort to address the reasonable concerns of the FDA, while maintaining the critical real-world elements of the proposal that make this data collection meaningful,” MAPS said in a report to the Michigan Cannabis Regulatory Agency in January.

    The FDA refused to back down, putting the $13 million tax-funded study at risk.

    Researchers also reported having trouble getting federal approval for obtaining marijuana. Researchers are prohibited from getting marijuana from dispensaries.

    The delays underscore the difficulties of researching marijuana’s potential health benefits, even though cannabis is legal and widely available in Michigan and numerous other states. As a result, veterans, who put their lives at risk to protect the country, are forced to wait indefinitely while researchers continue to navigate the federal government’s draconian approach to cannabis.

    Barton Morris, principal attorney of the Cannabis Legal Group in Royal Oak, says he’s not surprised by the FDA’s unwillingness to approve the studies. Marijuana is still classified as a Schedule I narcotic with no accepted medical use.

    “The FDA is not going to do anything with a Schedule 1 controlled substance,” Morris, who also is the chair of the Cannabis Law Section of the State Bar of Michigan, tells Metro Times. “There are strict rules in place.”
    But Morris is hopeful the federal government will soon reclassify marijuana, which he says will open the doors for more research.

    In May, the U.S. Drug Enforcement Administration (DEA) moved to reclassify marijuana as a less dangerous drug. The proposal acknowledges the medical benefits of cannabis but stops short of legalizing it for recreational use. This change would shift marijuana from the “Schedule I” classification to the less restrictive “Schedule III.”

    “I’m confident the rescheduling is going to happen this fall,” Morris says. “The federal government is going to finally admit there are medical benefits to cannabis. One of the biggest benefits of rescheduling cannabis is it’s going to allow more research on the state and federal level.”

    At Wayne State University, which is conducting several different studies for veterans, the delays have prompted the school to temporarily reduce the salaries of researchers.

    Wayne State is the biggest recipient of the grants, receiving about $19.6 million “to coordinate and manage research into the efficacy of marijuana in treating the medical conditions” of veterans and preventing suicide.

    “We continue to operate under reduced salary support for research staff members,” Wayne State said in a report to the Michigan Cannabis Regulatory Agency.

    The FDA declined to comment on its actions, but said on its website that it supports “robust scientific research needed to develop new drugs from cannabis and is committed to encouraging the research and development of these new drugs” through its regulatory process.

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    Steve Neavling

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  • FDA OKs best-selling e-cigarette Vuse Alto, but only in tobacco flavor

    FDA OKs best-selling e-cigarette Vuse Alto, but only in tobacco flavor

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    WASHINGTON (AP) — Federal health officials on Thursday authorized sales of the best-selling e-cigarette in the U.S., Vuse Alto, allowing manufacturer Reynolds American to keep the vaping brand on the market for years to come.

    The Food and Drug Administration decision only applies to several tobacco-flavored versions of the reusable product, which takes cartridges filled with liquid nicotine. The FDA previously rejected Reynold’s application for its more popular menthol flavor, but the company is challenging that decision in court.

    Last month, the FDA granted competitor Njoy the first authorization for a menthol-flavored e-cigarette. The vaping brand, which is not a big seller, is controlled by tobacco giant Altria, which also sells Marlboro cigarettes.

    Thursday’s announcement is not an approval or endorsement, and the FDA reiterated that people who do not smoke should not use Vuse or any other e-cigarettes. The FDA determination indicates that smokers who switch completely to Vuse can reduce their exposure to deadly carcinogens and other chemicals found in traditional tobacco.

    “All tobacco products are harmful and potentially addictive,” the FDA said in a statement. “Those who do not use tobacco products, especially young people, should not start.”

    Like other tobacco companies, Reynolds makes most of its income from traditional cigarettes, including Camels and Newports.

    Vuse made up 40% of U.S. vaping sales in the past year, according to retail data from Nielsen. Most company sales are for menthol products, which remain available under a court order while Reynold’s challenges the FDA’s negative ruling.

    Juul Labs is now a distant second in the e-cigarettes market, accounting for less than a quarter of retail sales. The company was forced to drastically cut back its marketing and promotions following legal settlements with states, local governments and families that blamed the brand’s small, discreet e-cigarettes for hooking children on nicotine.

    The FDA is wrapping up a sweeping regulatory review intended to clean up the multibillion-dollar vaping industry after years of delays.

    Some brands like Vuse have been sold in the U.S. for years, awaiting FDA action on their scientific applications. The market also includes thousands of fruit- and candy-flavored products from China that are technically illegal but widely available in convenience stores and vape shops.

    The FDA faced a self-imposed court deadline last month to wrap up its yearslong review of major vaping brands. Currently, Juul’s products remain under federal review, although FDA recently rescinded a 2022 order that would have forced the products off the market. That action never took effect because FDA regulators agreed to place it on hold following a legal challenge by Juul.

    The agency has rejected more than 26 million applications for products it received from vaping companies hoping to stay on the market. Only a handful of products from major manufacturers have been authorized to help smokers

    To win FDA authorization, companies generally must show that their e-cigarettes provide an overall health benefit for smokers, without significantly appealing to kids.

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    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • First pill for fecal transplants wins FDA approval

    First pill for fecal transplants wins FDA approval

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    WASHINGTON (AP) — U.S. health officials on Wednesday approved the first pill made from healthy bacteria found in human waste to fight dangerous gut infections — an easier way of performing so-called fecal transplants.

    The new treatment from Seres Therapeutics provides a simpler, rigorously tested version of stool-based procedures that some medical specialists have used for more than a decade to help patients.

    The Food and Drug Administration cleared the capsules for adults 18 and older who face risks from repeat infections with Clostridium difficile, a bacteria that can cause severe nausea, cramping and diarrhea.

    C. diff is particularly dangerous when it reoccurs, leading to between 15,000 and 30,000 deaths per year. It can be killed with antibiotics but they also destroy good bacteria that live in the gut, leaving it more susceptible to future infections. The new capsules are approved for patients who have already received antibiotic treatment.

    More than 10 years ago, some doctors began reporting success with fecal transplants — using stool from a healthy donor — to restore the gut’s healthy balance and prevent reinfections.

    The FDA approved the first pharmaceutical-grade version of the treatment last year from a rival drugmaker, Ferring Pharmaceuticals. But that company’s product — like most of the original procedures — must be delivered via the rectum.

    Cambridge Massachusetts-based Seres will market its drug as a less invasive option. The treatment will be sold under the brand name Vowst and comes as a regimen of four daily capsules taken for three consecutive days.

    Both of the recent FDA approvals are the product of years of pharmaceutical industry research into the microbiome, the community of bacteria, viruses and fungi that live in the gut.

    Currently most fecal transplants are provided by a network of stool banks that have popped up at medical institutions and hospitals across the country.

    While the availability of new FDA-approved options is expected to decrease demand for donations from stool banks, some plan to stay open.

    OpenBiome, the largest stool bank in the U.S., said it will keep serving patients who aren’t eligible for the FDA-approved products, such as children and adults with treatment-resistant cases. It has supplied more than 65,000 stool samples for C. diff patients since 2013.

    “OpenBiome is committed to maintaining safe access to ‘fecal transplantation’ for these patients as a vital last line of defense,” said Dr. Majdi Osman, the group’s medical chief.

    OpenBiome’s standard stool treatment costs less than $1,700 and is typically delivered as a frozen solution within days of ordering. Seres did not disclose the price it will charge for its capsules in a statement Wednesday evening.

    “We want to make the commercial experience for physicians and patients as easy as possible,” said Eric Shaff, the company’s chief executive officer, in an interview ahead of the announcement. “Ease of administration — in our view — is one of the aspects of the value we’re delivering.”

    Seres will co-market the treatment with Swiss food giant Nestle, which will also split the profits. Seres will receive a $125 million milestone payment from Nestle in connection with the FDA approval.

    Overseeing the fledgling industry of U.S. stool banks has created regulatory headaches for the FDA, which doesn’t traditionally police homemade products and procedures used in doctor’s offices. In the early days of the trend, the FDA warned consumers about the risks of potential infections from the fecal transplants, as some people sought out questionable “do it yourself” methods from videos and websites.

    Seres executives say their manufacturing process relies on the same techniques and equipment used to purify blood products and other biologic therapies.

    The company starts with stool provided by a small group of donors who are screened for various health risks and conditions. Their stool is likewise tested for dozens of potential viruses, infections and parasites.

    The company then processes the samples to remove the waste, isolate the healthy bacteria and kill any other lingering organisms. Thousands of capsules can be made from each stool sample, making it a more efficient process than current fecal transplants, according to the company.

    The FDA warned in its approval announcement that the drug “may carry a risk of transmitting infectious agents. It is also possible for Vowst to contain food allergens,” the agency noted.

    The FDA approved the treatment based on a 180-patient study in which nearly 88% of patients taking the capsules did not experience reinfection after 8 weeks, compared with 60% of those who received dummy pills.

    Common side effects included abdominal swelling, constipation and diarrhea.

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    This story has been corrected to show that Eric Shaff is the chief executive officer of Seres Therapeutics, not its chief financial officer.

    ___

    Follow Matthew Perrone on Twitter: @AP_FDAwriter ___

    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • Supreme Court preserves access to abortion pill for now

    Supreme Court preserves access to abortion pill for now

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    WASHINGTON (AP) — The Supreme Court on Friday preserved women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit continues.

    The justices granted emergency requests from the Biden administration and New York-based Danco Laboratories, maker of the drug mifepristone. They are appealing a lower court ruling that would roll back Food and Drug Administration approval of mifepristone.

    The drug has been approved for use in the U.S. since 2000 and more than 5 million people have used it. Mifepristone is used in combination with a second drug, misoprostol, in more than half of all abortions in the U.S.

    The court’s action Friday almost certainly will leave access to mifepristone unchanged at least into next year, as appeals play out, including a potential appeal to the high court. The next stop for the case is at the New Orleans-based U.S. Court of Appeals for the 5th Circuit, which has set arguments in the case for May 17.

    Two of the nine justices — Samuel Alito, the author of last year’s decision overturning Roe v. Wade, and Clarence Thomas — voted to allow restrictions to take effect, and Alito issued a four-page dissent. No other justices commented on the court’s one-paragraph order, and the court did not release a full vote breakdown.

    President Joe Biden praised the high court for keeping mifepristone available while the court fight continues.

    “The stakes could not be higher for women across America. I will continue to fight politically-driven attacks on women’s health. But let’s be clear — the American people must continue to use their vote as their voice, and elect a Congress who will pass a law restoring the protections of Roe v. Wade,” Biden said in a statement.

    Alliance Defending Freedom, representing abortion opponents challenging the FDA’s approval of mifepristone, downplayed the court’s action.

    “As is common practice, the Supreme Court has decided to maintain the status quo that existed prior to our lawsuit while our challenge to the FDA’s illegal approval of chemical abortion drugs and its removal of critical safeguards for those drugs moves forward,” ADF lawyer Erik Baptist said in a statement.

    The justices weighed arguments that allowing restrictions contained in lower-court rulings to take effect would severely disrupt the availability of mifepristone.

    The Supreme Court had initially said it would decide by Wednesday whether the restrictions could take effect while the case continues. A one-sentence order signed by Alito on Wednesday gave the justices two additional days, without explanation.

    The challenge to mifepristone is the first abortion controversy to reach the nation’s highest court since its conservative majority overturned Roe v. Wade 10 months ago and allowed more than a dozen states to effectively ban abortion outright.

    In his majority opinion last June, Alito said one reason for overturning Roe was to remove federal courts from the abortion fight. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he wrote.

    But even with their court victory, abortion opponents returned to federal court with a new target: medication abortions, which make up more than half of all abortions in the United States.

    Women seeking to end their pregnancies in the first 10 weeks without more invasive surgical abortion can take mifepristone, along with misoprostol. The FDA has eased the terms of mifepristone’s use over the years, including allowing it to be sent through the mail in states that allow access.

    The abortion opponents filed suit in Texas in November, asserting that the FDA’s original approval of mifepristone 23 years ago and subsequent changes were flawed.

    They won a ruling on April 7 by U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, revoking FDA approval of mifepristone. The judge gave the Biden administration and Danco Laboratories a week to appeal and seek to keep his ruling on hold.

    Responding to a quick appeal, two more Trump appointees on the 5th U.S. Circuit Court of Appeals said the FDA’s original approval would stand for now. But Judges Andrew Oldham and Kurt Engelhardt said most of the rest of Kacsmaryk’s ruling could take effect while the case winds through federal courts.

    Their ruling would have effectively nullified changes made by the FDA starting in 2016, including extending from seven to 10 weeks of pregnancy when mifepristone can be safely used. The court also would have halted sending the drug in the mail or dispensing it as a generic, and patients who seek it would have had to make three in-person visits with a doctor. Women also might have been required to take a higher dosage of the drug than the FDA says is necessary.

    The administration and Danco have said that chaos would ensue if those restrictions were to take effect while the case proceeds. Potentially adding to the confusion, a federal judge in Washington has ordered the FDA to preserve access to mifepristone under the current rules in 17 Democratic-led states and the District of Columbia that filed a separate lawsuit.

    The Biden administration has said the rulings conflict and create an untenable situation for the FDA.

    Alito questioned the argument that chaos would result, saying the administration “has not dispelled doubts that it would even obey an unfavorable order in these cases.”

    And a new legal wrinkle threatened even more complications. GenBioPro, which makes the generic version of mifepristone, filed a lawsuit Wednesday to preemptively block the FDA from removing its drug from the market, in the event that the Supreme Court doesn’t intervene.

    The Supreme Court was only being asked to block the lower-court rulings through the end of the legal case.

    The appeals court has sped up its review, but there is no timetable for a ruling.

    Any appeal to the Supreme Court would follow within three months of a ruling, but with no deadline for the justices to decide whether to review the case.

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    Associated Press writers Jessica Gresko, Geoff Mulvihill and Matthew Perrone contributed to this report. Mulvihill reported from Cherry Hill, New Jersey.

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  • Making pig livers humanlike in quest to ease organ shortage

    Making pig livers humanlike in quest to ease organ shortage

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    EDEN PRAIRIE, Minn. — The ghostly form floating in a large jar had been the robust reddish-brown of a healthy organ just hours before. Now it’s semi-translucent, white tubes like branches on a tree showing through.

    This is a pig liver that’s gradually being transformed to look and act like a human one, part of scientists’ long quest to ease the nation’s transplant shortage by bioengineering replacement organs.

    The first step for workers in this suburban Minneapolis lab is to shampoo away the pig cells that made the organ do its work, its color gradually fading as the cells dissolve and are flushed out. What’s left is a rubbery scaffolding, a honeycomb structure of the liver, its blood vessels now empty.

    Next human liver cells — taken from donated organs unable to be transplanted — will be oozed back inside that shell. Those living cells move into the scaffolding’s nooks and crannies to restart the organ’s functions.

    “We essentially regrow the organ,” said Jeff Ross, CEO of Miromatrix. “Our bodies won’t see it as a pig organ anymore.”

    That’s a bold claim. Sometime in 2023, Miromatrix plans first-of-its-kind human testing of a bioengineered organ to start trying to prove it.

    If the Food and Drug Administration agrees, the initial experiment will be outside a patient’s body. Researchers would place a pig-turned-humanlike liver next to a hospital bed to temporarily filter the blood of someone whose own liver suddenly failed. And if that novel “liver assist” works, it would be a critical step toward eventually attempting a bioengineered organ transplant — probably a kidney.

    “It all sounds science fiction-ey but it’s got to start somewhere,” said Dr. Sander Florman, a transplant chief at New York’s Mount Sinai Hospital, one of several hospitals already planning to participate in the liver-assist study. “This is probably more of the near future than xenotransplantation,” or directly implanting animal organs into people.

    More than 105,000 people are on the U.S. waiting list for an organ transplant. Thousands will die before it’s their turn. Thousands more never even get put on the list, considered too much of a long shot.

    “The number of organs we have available are never going to be able to meet the demand,” said Dr. Amit Tevar, a transplant surgeon at the University of Pittsburgh Medical Center. “This is our frustration.”

    That’s why scientists are looking to animals as another source of organs. A Maryland man lived two months after receiving the world’s first heart transplant from a pig last January — an animal genetically modified so its organs didn’t trigger an immediate attack from the human immune system. The FDA is considering whether to allow additional xenotransplantation experiments using kidneys or hearts from gene-edited pigs.

    Bioengineering organs is markedly different — no special pigs required, just leftover organs from slaughterhouses.

    “That is something that in the long term may very likely contribute to the development of organs we can use in humans,” said Pittsburgh’s Tevar. He’s not involved with Miromatrix — and cautioned that the planned outside-the-body testing would be only an early first step.

    The Miromatrix approach stems from research in the early 2000s, when regenerative medicine specialist Doris Taylor and Dr. Harald Ott, then at the University of Minnesota, pioneered a way to completely decellularize the heart of a dead rat. The team seeded the resulting scaffolding with immature heart cells from baby rats that eventually made the little organ beat, garnering international headlines.

    Fast forward, and now at university spinoff Miromatrix sit rows of large jugs pumping fluids and nutrients into livers and kidneys in various stages of their metamorphosis.

    Stripping away the pig cells removes some of the risks of xenotransplantation, such as lurking animal viruses or hyper-rejection, Ross said. The FDA already considers the decellularized pig tissue safe for another purpose, using it to make a type of surgical mesh.

    More complex is getting human cells to take over.

    “We can’t take billions of cells and push them into the organ at once,” Ross said. When slowly infused, “the cells crawl around and when they see the right environment, they stick.”

    The source of those human cells: donated livers and kidneys that won’t be transplanted. Nearly a quarter of kidneys donated in the U.S. last year were discarded because hospitals often refuse to transplant less than perfect organs, or because it took too long to find a matching recipient.

    As long as enough cells still are functioning when donation groups offer up an organ, Miromatrix biologists isolate usable cells and multiply them in lab dishes. From one rescued human organ the company says it can grow enough cells to repopulate several pig liver or kidney scaffolds, cells responsible for different jobs — the kind that line blood vessels or filter waste, for example.

    In 2021, researchers with Miromatrix and the Mayo Clinic reported successfully transplanting a version of bioengineered livers into pigs.

    That set the stage for testing a “liver-assist” treatment similar to dialysis, using bioengineered livers to filter the blood of people in acute liver failure, a life-threatening emergency. Doctors now have little to offer except supportive care unless the person is lucky enough to get a rapid transplant.

    “If you can just get over the hump, then you might actually recover” — because the liver is the only organ that can repair itself and regrow, said Mount Sinai’s Florman. “I’ll be excited when they get their first patient enrolled and I hope that it’s with us.”

    It’s not clear how soon that testing can begin. The FDA recently told Miromatrix it has some questions about the study application.

    If the outside-the-body liver experiment works, what’s next? Still more research aimed at one day attempting to transplant a bioengineered organ — likely a kidney, because a patient could survive with dialysis if the operation failed.

    While regrowing kidneys isn’t as far along, “I was completely stunned” at the progress so far, said Dr. Ron Shapiro, a kidney transplant expert at Mount Sinai.

    He treats many older patients on dialysis who “will wait for years and years to get a kidney and likely die waiting on the list who would be perfect” for such experiments — if they come in time.

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    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • Panel warns FDA’s beleaguered tobacco unit lacks direction

    Panel warns FDA’s beleaguered tobacco unit lacks direction

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    WASHINGTON (AP) — The lack of clear direction and priorities at the U.S. Food and Drug Administration’s tobacco division has hampered its ability to regulate electronic cigarettes and other products, according to an expert panel assembled to examine problems at the agency.

    A blistering report released Monday describes the FDA’s tobacco program as “reactive and overwhelmed,” in its effort to oversee both traditional tobacco products and a sprawling market of largely unauthorized electronic cigarettes. The experts say FDA’s inconsistent approach to regulation is at least partially to blame for the spread of thousands of e-cigarette varieties that remain popular among teenagers.

    The assessment comes from a panel of experts convened by the Reagan-Udall Foundation, a non-profit that works on FDA issues.

    FDA chief Dr. Robert Califf commissioned separate reviews of the agency’s tobacco and food programs over the summer, after ongoing controversies in both units raised questions about his leadership at the FDA.

    Califf said Monday he will review the recommendations with the aim of outlining the agency’s next steps by February.

    The Reagan-Udall group recommended that agency leaders set clear objectives and expectations for what the FDA Center for Tobacco Products can accomplish in coming years. That lack of clarity has been “detrimental” to FDA’s work and staff morale, the group notes.

    The group also calls for the creation of a task force including FDA and other government departments to help crack down on unauthorized e-cigarettes and other products that have become popular with teenagers.

    The review comes as the FDA’s tobacco program is besieged by criticism from all sides — including congressional lawmakers, anti-smoking advocates and tobacco companies.

    Politicians, parents and anti-tobacco groups blame the FDA for failing to crack down on the burgeoning vaping industry. Tobacco and vaping companies say the FDA is unwilling to greenlight newer products for adult smokers — including e-cigarettes — that generally carry much lower risks than traditional combustible cigarettes. They say the handful of new products authorized by the agency are deeply unpopular with smokers.

    “The agency must do a better job of setting forth clear policies to protect kids while also helping adults who can’t or won’t quit smoking,” said Cliff Douglas, who leads the University of Michigan’s Tobacco Research Network, and was not one of the authors of the report.

    Created by Congress in 2009, the FDA’s tobacco center was granted sweeping powers to remake the tobacco industry, including banning harmful ingredients from traditional products and authorizing new, less-harmful alternatives.

    But more than a decade later, little has changed. And almost no one is satisfied with the center’s progress.

    One former FDA staffer said the panel should have dug deeper into the reasons for the FDA’s lack of action against traditional tobacco products.

    “Something is wrong if FDA can be given these amazing powers in 2009 and here we are at the end of 2022 and it has yet to take actions that would take a bite out of smoking,” said Eric Lindblom, a lawyer at Georgetown University’s O’Neill Institute who previously worked at the FDA’s tobacco center.

    The Reagan-Udall committee notes the FDA is hampered by “near constant litigation” brought by outside groups and companies unsatisfied with its performance. Those lawsuits have accelerated in recent years as the FDA repeatedly missed deadlines to review millions of e-cigarette applications from companies hoping to keep their products on the market.

    The agency should seek more money to handle its workload in addition to overhauling its priorities and improving transparency.

    Earlier this month Reagan-Udall delivered its food report, suggesting the agency’s leadership be restructured to improve its response to emergencies, including the recent shortage of baby formula

    Reagan-Udall was created by Congress to help further FDA’s mission. The non-profit receives funding from both the FDA and the industries it regulates, including drugmakers.

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    Follow Matthew Perrone on Twitter: @AP_FDAwriter

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    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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  • Officials: Colorado firm’s alfalfa cubes may kill horses

    Officials: Colorado firm’s alfalfa cubes may kill horses

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    BATON ROUGE, La. — State and federal officials are warning horse owners not to feed their animals Top of the Rockies brand alfalfa cubes after nearly 100 horses developed neurologic illnesses — 45 of which have died or been euthanized.

    The U.S. Food and Drug Administration issued the warning Saturday. The agency said it’s working with state agriculture departments in Colorado, Louisiana, New Mexico and Texas to investigate the horse deaths.

    Manzanola Feeds of Manzanola, Colorado, recalled the cubes Friday. The company warns that certain batches may contain bacteria that cause botulism, a fatal paralytic disease. The FDA said more testing is ongoing to confirm the causes of reported illnesses.

    The company directly distributed products to stores in 10 states including Arkansas, Colorado, Illinois, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, Texas and Wisconsin. The FDA warns the cubes may have been sold in other states as well.

    Symptoms include dizziness, trouble with vocalizing or swallowing, difficulty breathing, muscle weakness, abdominal distension and constipation. Anyone who fed the cubes to horses or observes symptoms should immediately contact a veterinarian.

    Some cubes have been reported to contain what appears to be fur and animal tissues, which may have been ground up during alfalfa harvesting. Botulism-causing bacteria is found in decaying animal carcasses.

    Top of the Rockies alfalfa cubes are sold in white and tan plastic 50-pound bags with green labeling. The date codes are on the front of the package. Potentially contaminated lots include those with the date codes 111222, 111322, 111422, 111522, and 111622.

    The FDA advises anyone with the cubes to throw them away in a secure container. People should wear gloves and a face mask when emptying containers with the cubes, then apply bleach solution to any feed bins or containers. More specific tips on disposal can be found here.

    The Louisiana State University School of Veterinary Medicine said its lab has conducted necropsies on 12 horses. Testing of some alfalfa cubes and tissues from those horses is being done at the University of California, Davis School of Veterinary Medicine.

    LSU says an equine medicine professor is treating other horses with symptoms.

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