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Information Sharing Between the SEC and the FDA on Regulated Products

By Ty Kayam, Eva Yin & Nawa Lodin on October 16, 2026
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On August 31, 2026, the Securities and Exchange Commission (SEC) and the U.S. Food and Drug Administration (FDA) signed a memorandum of understanding (MOU) governing the sharing of nonpublic information relating to FDA-regulated products and activities. The MOU is not limited to enforcement matters and expressly contemplates the SEC’s use of FDA information in carrying out its regulatory functions, including the review of public company filings. The SEC contacts identified in the MOU include personnel from the Division of Corporation Finance, which oversees disclosure review.

For life sciences and medical technology companies, the practical significance is that the SEC may have greater visibility into information already in the FDA’s possession when evaluating public disclosures regarding regulatory status, product approvals, clinical development programs, and clinical trial results. As a result, discrepancies between the FDA records and statements made to investors may become easier for the SEC to identify. That said, the MOU is not legally binding and does not expand either agency’s underlying statutory authority.

The information-sharing arrangement is also subject to important limitations. The FDA will not disclose trade secrets or confidential commercial information protected from disclosure under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and other applicable laws. Similarly, the SEC may not share FDA-provided information outside the agency without the FDA’s written consent. The MOU further provides that information exchanged between the agencies does not become public merely because it has been shared and does not waive any applicable confidentiality protections or privileges. In practice, FDA disclosure regulations and the FD&C Act continue to provide the primary guardrails on information sharing.

In light of the MOU, companies should ensure close coordination between regulatory and securities counsel when preparing public disclosures. For example, a company’s description of “positive FDA feedback” following a meeting with the agency should be carefully vetted against the FDA’s actual comments, including any qualifications, unresolved questions, or requests for additional information. FDA meeting feedback is advisory and does not constitute a decision regarding a future submission. Likewise, a Breakthrough Device designation reflects the FDA’s commitment to increased interaction and review prioritization, not a determination that a device is safe or effective or is likely to be authorized or approved.

Photo of Ty Kayam Ty Kayam

Ty Kayam is Of Counsel in the Seattle office of Wilson Sonsini Goodrich & Rosati, where she advises companies and investors on regulatory strategy for health technology products, with a particular focus on health AI, digital health, wearables, medical robotics, and health data…

Ty Kayam is Of Counsel in the Seattle office of Wilson Sonsini Goodrich & Rosati, where she advises companies and investors on regulatory strategy for health technology products, with a particular focus on health AI, digital health, wearables, medical robotics, and health data infrastructure. She counsels clients throughout product development and commercialization and advises on health regulatory issues arising in financings, investments, partnerships, and strategic transactions.

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Photo of Eva Yin Eva Yin

Eva is a partner in the FDA regulatory, healthcare, and consumer products practice. Her work focuses on FDA and healthcare regulatory matters, including product approval and clearance, compliance, labeling and promotion, healthcare transactions, and federal and state healthcare laws. She also advises clients…

Eva is a partner in the FDA regulatory, healthcare, and consumer products practice. Her work focuses on FDA and healthcare regulatory matters, including product approval and clearance, compliance, labeling and promotion, healthcare transactions, and federal and state healthcare laws. She also advises clients on business models, fee arrangements, and compliance issues involving manufacturers, healthcare professionals, hospitals, and clinics.

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Photo of Nawa Lodin Nawa Lodin

Nawa is a Chambers USA-ranked associate whose practice focuses on healthcare regulatory and transactional matters. She advises healthcare, digital health, life sciences, and technology companies on artificial intelligence and machine learning, telehealth, fraud and abuse laws, and complex healthcare transactions, including evolving state…

Nawa is a Chambers USA-ranked associate whose practice focuses on healthcare regulatory and transactional matters. She advises healthcare, digital health, life sciences, and technology companies on artificial intelligence and machine learning, telehealth, fraud and abuse laws, and complex healthcare transactions, including evolving state healthcare transaction review and notification requirements.

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  • Posted in:
    Administrative and Regulatory, Banking, Finance and Securities, Health Care and Life Sciences
  • Blog:
    The Consult
  • Organization:
    Wilson Sonsini Goodrich & Rosati
  • Article: View Original Source

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