Lexology March 13, 2024
Loeb & Loeb LLP

Recent news reports have described the successful progress of at least one company, Varda Space Industries, in developing a space-based drug manufacturing platform and process. The FDA-related regulatory and legal questions and implications of this are intriguing. For example:

  • Will FDA need to recruit astronauts to inspect space-based manufacturing facilities?
  • What are the intellectual property opportunities and risks for space-made drugs?
  • Would a generic or biosimilar version of a space-made drug also be required to be manufactured in space?

By way of background, Varda’s space-based drug manufacturing approach leverages the well-known phenomenon that crystals can be grown in much purer form and in a much more consistent fashion in micro-gravity environments. Indeed, NASA and pharmaceutical companies has been...

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