Regulatory and Washington

NEW YORK — A coalition of retail organizations, including the National Retail Federation, the Food Marketing Institute and the National Association of Convenience Stores, have filed a lawsuit charging that the Federal Reserve failed to comply with a new law requiring it to reduce fees bank charge retailers when shoppers use credit cards.

The law, which went into effect Oct. 1, said that banks could charge a maximum of 21 cents when consumers use a debit card, down from an average of 44 cents per transaction.

DEERFIELD, Ill. — The National Committee for Quality Assurance on Monday named Jeffrey Kang, Walgreens SVP pharmacy, health and wellness services and solutions, to its board.

NCQA is a private nonprofit organization that accredits and certifies a wide range of healthcare organizations. The group also recognizes clinicians and practices in key areas of performance. NCQA's Healthcare Effectiveness Data and Information Set is the most widely used performance measurement tool in health care, the committee stated.

WASHINGTON — The Obama administration confirmed last week that Centers for Medicare and Medicaid Services administrator Donald Berwick will step down from his post on Dec. 2.

Berwick, who was nominated to the position by President Obama in April 2010, was supposed to lead the agency through the end of the year as part of his recess appointment.

Marilyn Tavenner, CMS principal deputy administrator, will succeed Berwick, according to a statement made by Health and Human Services secretary Kathleen Sebelius.

ALLEGAN, Mich. — Perrigo on Monday announced that it received final approval from the Food and Drug Administration for its store-brand version of Mucinex tablets.

Perrigo is still in litigation with Reckitt Benckiser involving the introduction of a private-label Mucinex. "Perrigo is working through the litigation and expects to begin shipping this product in our retail and wholesale customers' store brand packaging in the second half of our fiscal year," Perrigo chairman and CEO Joseph Papa said.

ATLANTA — Many elderly patients put themselves at risk for emergency hospitalization due to adverse drug events, according to a new Centers for Disease Control and Prevention study published in the New England Journal of Medicine.

CAMP HILL, Pa. — The merger between pharmacy benefit managers Express Scripts and Medco Health Solutions "could bring an end to community-based pharmacies and the convenient services provided there," according to the Pennsylvania Pharmacy Council.

OSAKA, Japan — A U.S. subsidiary of Takeda Pharmaceutical has filed for regulatory approval of a drug designed to treat Type 2 diabetes, the company said.

The Takeda Global Research and Development Center filed with the Food and Drug Administration for approval of an alogliptin-metformin combination tablet. The company expects the FDA to review the application within the next 10 months.

SILVER SPRING, Md. — The Food and Drug Administration last week took legal action against the dietary supplement manufacturer ATF Fitness Products for substituting ingredients and products without noting the changes on the final product labels.

The permanent injunction, filed on behalf of the FDA by the U.S. Department of Justice, would stop the defendants from making and distributing more than 400 products for being in violation of the Federal Food, Drug and Cosmetic Act. Brands include Sci-Fit, Nature's Science and For Store Only.