business and finance

Expanded Service Offerings

PhillyCooke Consulting has added new services from the humble start more than five years ago, when I used to joke that the company included both me and my laptop.

In addition to continuing to provide regulatory consulting services, PhillyCooke Consulting now offers:

  • Submission Preparation Services for Ad Agencies
  • Medical Editing
  • Proofreading, and 
  • Medical Writing. 

You can learn a bit more about the expanded services here, or simply complete the "Contact Form" to request a free initial consultation.

Also, having completed law school (and been admitted to the bar in Pennsylvania), I am now able to offer legal services; however, the law practice is distinct from PhillyCooke Consulting. If you are interested in legal services related to the advertising and promotion of FDA-regulated products, please see FDAadLaw.com, which is a sister corporation to PhillyCooke Consulting.

Although the website is currently a bit spartan, the services offered are robust and address all aspects of advertising FDA-regulated products, including concerns related to the Lanham Act, privacy, and FDCA issues.




business and finance

DHC Privacy Post

The Digital Health Coalition asked for my views on the renewed emphasis on privacy for pharmaceutical marketers. I shared a few thoughts here.




business and finance

Temple RA/QA Advertising Course

It was just confirmed that I'll be teaching in Temple University's RA/QA MS program this spring. Specifically, I'll be teaching the ad-promo course.

If you or anyone you know is interested, please reach out to me for information. The course will be taught out of the Fort Washington campus, but online enrollment is permitted.

Here's the complete schedule of classes for the spring.




business and finance

2020 CDER Guidance Agenda Released

UPDATE: The guidance mentioned below was released. Here's the link.

The FDA has released the CDER Guidance Agenda. For ad-promo professionals, the most most significant item is the inclusion of an item labeled:

  • Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products--Questions and Answers 
Also notable is that no other advertising or promotional guidances are listed. The draft guidance on presenting risk information turned 10 years old last year. It seemed ripe for an update and perhaps even finalization. That seemed even more likely in the context of OPDP's study of the so-called one-click rule. That study was first announced in 2017. There's no update on the FDA website about the study, but I expected it to be completed last year.

FDA's social science research has clearly been influencing recent guidances, so I assumed (and continue to assume) that FDA would want to update the risk presentation guidance in light of its most recent research about presenting risks, including the one-click study. Apparently, we'll have to keep waiting.

BTW, for those interested in the topic of biosimilar promotion, the Drug Information Association's Advertising & Promotion Regulatory Affairs Conference will have a session covering this topic. Full disclosure: I sit on the programming committee for the conference and will be leading the medical device primer the day before the full conference kicks off. 




business and finance

COVID-19 Outbreak Pausing Live Speaking Engagements

I live in Pennsylvania, just outside Philadelphia, in Montgomery County. Currently, Montco is the worst hit county in Pennsylvania for the COVID-19 outbreak. Consequently, the governor ordered all non-essential businesses to close more than a week ago in Montco, and yesterday expanded that order statewide.

Because most of my work is from home, the outbreak has not yet affected my ability to provide client service; however, for the foreseeable future all live speaking engagements are cancelled.

I was scheduled to deliver the device workshop at DIA advertising conference last week and also had some workshops scheduled with FDAnews for May and June. DIA's conference was been delayed with a decision about how to proceed still to be determined. I'll post an update here when I know more.

The May FDAnews workshop has been cancelled, and the June workshop is on hold. When I know more, I'll post an update.

In addition, I am part of the leadership committee for the Philadelphia RAPS chapter. We held our last event on March 5 at Temple University, and the next day, RAPS HQ sent out a notice asking chapters to hold off on live meetings for March and April. Currently, the chapter leadership is discussing other options, such as webinars to continue getting information to our membership during the outbreak.

While we adjust to life during a pandemic, I'll provide updates as I can. Stay safe and wash your hands!




business and finance

COVID-19 & Ad-Promo

The COVID-19 pandemic has brought to the fore some issues of ad-promo for FDA-regulated products. I'm posting here to highlight some developments and correct some of the discussion.

Snake Oil & Enforcement

One of the unfortunate things about any new health concern is that the snake oil sales start immediately. There are far too many scumbags who see an opportunity to profit in a crisis. The COVID-19 outbreak is no exception.

These people represent a real danger to the public. People who promote unproven treatments can convince the public that they don't need to take the outbreak seriously, can lead to reckless behavior, and in the extreme can contribute directly to increased deaths as their victims rely on the snake oil instead of trusting healthcare providers.

In this setting, FDA and FTC enforcement is essential. We need vigorous enforcement from the authorities to stop the spread of misinformation. I'm glad to see FTC and FDA have already taken some action in this regard. I hope we'll see more.

Off-Label Promotion & Outbreaks

Researchers, practitioners, and industry are frantically searching for any effective treatments. Currently, the science is unclear about whether any treatment works.

As I write this, there has been a lot of buzz around the possible effectiveness of an anti-malarial treatment, hydroxychloroquine sulfate. This is an already-approved drug being used for an unapproved indication, i.e., this is a classic off-label use of a product.

I have seen some misinformation in the media about off-label uses of products, so I thought it might be helpful to set out the background to all of this.

To bring a new drug to market, a company must submit a New Drug Application (NDA) to the FDA. Among other information, the NDA includes proposed labeling. The proposed labeling provides directions to healthcare providers explaining how to use the drug safely. That labeling sets out the proposed uses of the drug. The uses of the drug are known as the indications. Indications typically include a population, a condition, and the stage/severity of the condition (if applicable).

The FDA evaluates the NDA to determine whether the sponsor has demonstrated that the drug is safe and effective for the proposed indications. Assuming the sponsor meets the evidentiary burden, the FDA approves the proposed indications for the product.

After being approved by the FDA, sponsors may only promote their drugs for the specific indications approved by the Agency. Any other use of the product is "off-label" use.

Off-label use is NOT inherently bad, wrong, or evil; and off-label use of a drug is also not prohibited. The other evening I heard a television news segment where the expert commentator spoke of using drugs in violation of FDA's rules. That's wrong.

FDA does not regulate the practice of medicine, and physicians are, for the most part, able to prescribe drugs as they believe is appropriate to treat the patients they see.

But the sponsors are not permitted to promote their drugs for any uses other than those approved by the FDA. Importantly, there is no explicit prohibition in law against the promotion of unapproved uses. You won't, for example, find off-label promotion listed as one of the items that causes a drug to be misbranded. Instead, there are multiple legal theories about this prohibition and what exactly makes such promotion illegal, including the failure to include adequate directions for use in the labeling.


If a company learns of a new off-label use for a drug and wants to promote the drug for that use, the sponsor must conduct additional clinical trials to demonstrate that the drug is also safe and effective for that new use. After completing the clinical trials, the sponsor submits an sNDA (supplemental New Drug Application) to the Agency.

Assuming the Agency approves the sNDA, the label is updated to include the new indication, clinical trial data, additional instructions for use, etc., and the company is then able to promote the new use of the drug.

So, FDA doesn't have to DO anything to make the possible off-label treatments available, despite several prominent people calling on FDA to take action. The drug being suggested for off-label use is already on the market and can be used for this off-label use.

Why doesn't FDA simply approve the new use?

Because FDA doesn't know if the drug works.

When FDA evaluates an NDA or sNDA it weighs the risks and benefits of the drug for each specific proposed use. As FDA has repeatedly made clear, each specific proposed use requires a separate risk-benefit determination.

It is possible (even likely) that a drug that has been proven to be safe and effective for one use might not be either safe or effective for another use.

Indeed, one frequent criticism of off-label use of drugs is that there simply isn't sufficient evidence of effectiveness for many off-label uses.

And that in turns leads directly to why FDA's prohibition on off-label promotion is so important to protect the public health. Using treatments without evidence and promoting such treatments can make things worse.

FDA has the tools to act rapidly to approve new uses of a drug, but it is unwise to short-circuit the approval process, and it's irresponsible to hype an off-label use without sufficient evidence to demonstrate its efficacy.




business and finance

Vote Results of 2019 Annual General Meeting of Shareholders




business and finance

2019 Yokogawa Report published




business and finance

Yokogawa Included in DJSI Asia Pacific Index




business and finance

Transfer of Subsidiary's Shares

Yokogawa Electric Corporation (Yokogawa) hereby notifies that on this date it has transferred all shares of Yokogawa Medical Solutions Corporation, a consolidated subsidiary, to Fujifilm Corporation (Fujifilm).




business and finance

Yokogawa Corporate Governance Report Updated (PDF: 650KB/34P)




business and finance

Yokogawa Receives IR Special Award from JIRA

Yokogawa Electric Corporation announces that it has received the IR Special Award from the Japan Investor Relations Association (JIRA). This is the first time that the company has received an IR Award from JIRA.




business and finance

Investors' Guide Updated




business and finance

Presentation Materials of Sustainability Meeting




business and finance

Yokogawa Test & Measurement Releases AQ6377 Optical Spectrum Analyzer




business and finance

Yokogawa Obtains ISASecure SDLA Certification for Control System Development Process

Yokogawa Electric Corporation (TOKYO: 6841) announces that its control system development organization has obtained ISASecure Security Development Lifecycle Assurance (SDLA) certification from the ISA Security Compliance Institute (ISCI) .




business and finance

JCM Credit issuance in Indonesia

In March 2019, Yokogawa completed a demonstration project for the Optimization of the Operation Control of Oil Refining Plants in Indonesia. The New Energy and Industrial Technology Development Organization (NEDO) awarded this project to Yokogawa in 2013.




business and finance

Yokogawa Makes CDP Water Security A List and Supplier Engagement Leader Board

Yokogawa Electric Corporation (TOKYO: 6841) announces that it has made it onto CDP's Water Security A List and Supplier Engagement Leader Board. The A listing is for the company's sustainable water management practices and disclosure of information on these activities, and the selection to the leader board is for the company's leadership in engaging with its suppliers around the world to reduce carbon emissions and combat global warming.




business and finance

Presentation Materials of Financial Results for 3rd Quarter of Fiscal Year 2019 (Slides & Notes)




business and finance

Yokogawa Takes a Stake in All Polymer Battery Maker APB to Drive Expansion of Energy Management System Business

Yokogawa Electric Corporation (TOKYO: 6841) announces that it has acquired capital in APB Corporation (APB), a pioneer in the development of a next-generation lithium-ion battery called the “All Polymer Battery,” with the aim of growing Yokogawa’s energy management system (EMS) business. The two companies have agreed that Yokogawa will provide energy management technology needed for the efficient operation and optimization of large-scale storage batteries.




business and finance

Yokogawa Releases SU10 Single Cellome Unit for Use in Biological Research

Yokogawa Electric Corporation (TOKYO: 6841) announces that it has developed the SU10 Single Cellome Unit, a device that uses a nanopipette to inject substances such as genes and drugs and aspirate intracellular materials at target locations in individual cells.




business and finance

Nomination of Candidates for Director and Audit & Supervisory Board Member (PDF: 163KB/3P)




business and finance

Nomination of Candidates for Director and Audit & Supervisory Board Member (PDF: 163KB/3P)




business and finance

"Yokogawa’s Approach to IT/OT Convergence," Yokogawa Technical Report (Vol.62, No.2), issued




business and finance

Yokogawa Acquires Danish Startup Grazper Technologies, Specialists in AI for Image Analytics

Yokogawa Electric Corporation (TOKYO: 6841) announces that on March 20, 2020, it completed the acquisition of all shares in Denmark-based Grazper Technologies ApS (Grazper), as mutually agreed. Grazper has developed advanced artificial intelligence (AI) technologies for analyzing images, and Yokogawa aims to leverage these technologies within its various existing businesses and to develop new industrial AI solutions.




business and finance

Yokogawa Wins Order to Provide Control System and Field Instruments for Gas-fired Power Plant in Turkmenistan

Yokogawa Electric Corporation (TOKYO: 6841) announces that its subsidiary Yokogawa Turkey Industrial Automation Solutions A.S. (Yokogawa Turkey) has won an order to provide a control system and field instruments for the Zerger gas-fired power plant in Turkmenistan. The order was received from Renaissance Heavy Industries, a major construction company in Turkey that is involved in the construction of this plant for Turkmenenergo, a state-owned power utility in Turkmenistan. This is Yokogawa's first control systems order for a power plant in this country.




business and finance

Hitachi Capital, Yokogawa, and amnimo Enter into a Comprehensive Partnership Agreement for IIoT Business

On March 25, 2020, Hitachi Capital Corporation, Yokogawa Electric Corporation (TOKYO: 6841), and amnimo Inc., a subsidiary of Yokogawa, entered into a comprehensive partnership agreement with an aim to provide new services by adding Industrial IoT ("IIoT") to each company's technologies, know-how, and lease equipment.




business and finance

Large Wind-power Plant with Yokogawa Control System Comes Online in Japan

Yokogawa Electric Corporation (TOKYO: 6841) announces that Yokogawa Solution Service Corporation, a wholly owned subsidiary, has installed a Yokogawa control system for one of Japan's largest wind-power plants, and that this facility, Wind Farm Tsugaru, has come online. This plant was built by Green Power Tsugaru GK, a limited liability company that belongs to Green Power Investment Corporation.




business and finance

Yokogawa Releases AI-enabled Versions of SMARTDAC+ Paperless Recorders and Data Logging Software, and Environmentally Robust AI-enabled e-RT3 Plus Edge Computing Platform for Industry Applications

Yokogawa Electric Corporation (TOKYO: 6841) announces the release of artificial intelligence (AI)-enabled versions of the GX series panel-mount type paperless recorders, GP series portable paperless recorders, and GA10 data logging software, which are components of the highly operable and expandable SMARTDAC+data acquisition and control system. This new AI functionality includes the future pen, a function developed by Yokogawa that enables the drawing of predicted waveforms. Yokogawa is also releasing a new CPU module for the e-RT3 Plus edge computing platform that is environmentally robust and Python compatible. The GX/GP and e-RT3 release is set for April 8, and the GA10 software will be released on May 13. The SMARTDAC+ system is a product in the OpreX Data Acquisition family, and the e-RT3 Plus is part of the OpreX Control Devices family.




business and finance

Yokogawa Acquires Fluid Imaging Technologies, a Provider of Flow Imaging Particle Analysis Solutions

Yokogawa Electric Corporation (TOKYO: 6841) announces that on April 8, it completed the acquisition of all shares of Fluid Imaging Technologies, Inc., as mutually agreed.




business and finance

Yokogawa Employee Selected for the 2020 Process Automation Hall of Fame

Yokogawa Electric Corporation announces that Dr. Penny Chen of Yokogawa Corporation of America has been selected by Control, a prestigious and influential industry publication in the US, to be inducted into its Process Automation Hall of Fame, Class of 2020. Dr. Chen is senior principal technology strategist at Yokogawa Corporation of America's U.S. Technology Center based in Dallas, Texas.




business and finance

UK plans 14-day compulsory quarantine for all airport arrivals

The UK is planning to bring in compulsory 14-day quarantine for all travellers arriving in the country from any part of the world, except the Republic of Ireland, as part of measures to track the spread of coronavirus.




business and finance

Rising Covid-19 cases, differences with bosses, sink Parveen Pardeshi

As Mumbai continued to lead the charts in Covid-19 cases and resultant deaths, the city’s civic chief was on Friday summarily shunted out and replaced by a junior with no experience of heading any of the state’s top five municipal corporations.




business and finance

Headline: WFH demands change in skill set, mind set, says Indian Oil head HR

"We institutionalised WFH guidelines even before the commencement of the lockdown," said Ranjan Kumar Mohapatra, director (HR), Indian Oil.




business and finance

Over 1 lakh migrants to return to UP on 114 trains by Saturday night: Official

Over 1 lakh migrant workers from Uttar Pradesh stranded in different parts of the country following the coronavirus-induced lockdown will return to the state by Saturday night on 114 trains, a senior government official said.




business and finance

Narendra Modi writes to Russian President; tweets greetings on occasion of 75th Victory Day anniversary

In a letter to Putin Modi pledged India’s support to Russia on the occasion and hailed Russian soldiers who laid down their lives during WW II to defeat Fascism and Nazism.




business and finance

JD(U) trashes Delhi govt's claim of bearing migrant labourers train fare

The ruling JD(U) on Saturday slammed AAP for claiming that it bore the cost of ferrying migrant workers from Delhi to their home in Bihar, saying the party was speaking "half-truth" as the Arvind Kejriwal government has sought reimbursement of the payment.




business and finance

Testing capacity for COVID-19 scaled up to 95,000 per day: Harsh Vardhan

During the high-level meeting with Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim, Vardhan appreciated the dedication of all the states in combating COVID-19.




business and finance

Coronavirus outbreaks in Germany, South Korea show the risks in easing up

Elsewhere, Belarus, which has not locked down despite increasing case numbers, saw tens of thousands of people turn out to mark Victory Day, the anniversary of Nazi Germany's defeat in 1945.




business and finance

1.5 lakh migrant workers want to return to Haryana, 8 lakh want to leave: Home Minister

While nearly eight lakh migrant workers stranded in Haryana have registered themselves on a government portal to return to their native states, over 1.5 lakh of them have applied on the same portal from different states to return back to work, state Home Minister Anil Vij said.




business and finance

Arrange transportation of 9.5k migrant workers to home states, will pay their fare: Delhi Congress to CM Arvind Kejriwal

Delhi Congress wrote to the chief minister and the Delhi government's chief secretary as well, expressing its readiness to pay for the train fares of the migrants, said the Delhi Congress president. Delhi government in last few days arranged train travel of 1,200 migrant workers from Bihar and over 1,000 from MP, who were sheltered at government facilities.




business and finance

Shutting down fruit vegetables groceries amid peak heat and Ramzan pushes Ahmedabadis to edge

The Ahmedabad Municipal Corporation (AMC) Commissioner Vijay Nehra was already pushed into a quarantine following the rising numbers of patients in the city and Additional Chief Secretary Rajiv Gupta was brought in as in charge of the fight against Covid in Ahmedabad while CEO of Gujarat Maritime Board Mukesh Kumar was brought in as the incharge Commissioner.




business and finance

French media takes China to task reflecting sentiments in key European power

French commentators initially praised the ability of China’s regime to impose lockdown to fight Covid. But the French mood changed in late March, says Marc Julienne, China researcher at the French Institute for International Relations (IFRI).




business and finance

Building PhoneGap applications powered by Database.com

Learn how to create mobile apps built using PhoneGap, with data served and persisted using Database.com.




business and finance

Creating apps with PhoneGap: Lessons learned

Follow these tips and tricks to develop PhoneGap apps quickly and easily, so they'll perform better than their native counterparts.




business and finance

Browser testing across devices with Adobe Edge Inspect

Discover how to test your websites and web apps in the browser across desktops and mobile devices using Adobe Edge Inspect.




business and finance

HTML, CSS, and JavaScript code editing with Edge Code

Edge Code is an Adobe branded release of the Brackets project: a lightweight code editor with next-wave features.




business and finance

PhoneGap Build levels up

What's new with PhoneGap Build and Hydration, a new feature that automatically checks for updates to your app.




business and finance

Adobe Edge Animate Runtime API

The Adobe Edge Animate Runtime API is a companion to Adobe Edge Animate. Bind code to document, timeline and element, and execute your code at a specific position.




business and finance

Creating dynamic, reusable components with Edge Animate

Easily create reusable, multistate button components for a slideshow project that features a self-generating, dynamic navigation. (6:45)