"In light of the FDA contacting Pathway Genomics about its genetic test kit and anticipated ongoing discussions between the two parties, we've elected not to move forward with offering the Pathway
product to our customers until we have further clarity on this matter," says Walgreens spokesman Jim Cohn.
James L. Woods, the FDA's deputy director, patient safety & product quality, told Pathmark that its test "appears to meet the definition of a device" regulated under federal law and invited it to offer evidence that it is not subject to FDA clearance. Pathmark said that it understands Walgreen's action and is "communicating with the FDA."
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