FDA and Chevron Deference: A Case Review

Bendicksen L, Kesselheim AS, Daval CJR - Food and Drug Law Journal

  • Regulation and Clinical Evidence

Summary:

Among a case cohort of 26 disputes, the FDA won every case in which federal appellate courts found relevant laws to be ambiguous and applied Chevron deference. The demise of the Chevron regime may threaten the FDA’s product jurisdiction authority and ability to protect public health.

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