FDA and Chevron Deference: A Case Review

78 Food & Drug L. J., Forthcoming

27 Pages Posted: 24 Aug 2023

See all articles by Liam Bendicksen

Liam Bendicksen

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital and Harvard Medical School

Aaron S. Kesselheim

Brigham and Women's Hospital/Harvard Medical School

C. Joseph Ross Daval

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital and Harvard Medical School

Date Written: August 11, 2023

Abstract

Courts granted FDA considerable deference to carry out its mission throughout the twentieth century, recognizing the agency’s scientific expertise and public health mission. Recent Supreme Court decisions such as West Virginia v. EPA, however, have eroded this longstanding practice and cast doubt on the future of deference accorded to administrative agencies when they act pursuant to statutory language that is not always clear-cut. To understand the state of judicial deference to the FDA, this article investigates how federal appellate courts have applied the framework set forth in Chevron v. Natural Resources Defense Council in litigation involving FDA actions since 2000.

Suggested Citation

Bendicksen, Liam and Kesselheim, Aaron S. and Ross Daval, Charles Joseph, FDA and Chevron Deference: A Case Review (August 11, 2023). 78 Food & Drug L. J., Forthcoming, Available at SSRN: https://ssrn.com/abstract=4538500 or http://dx.doi.org/10.2139/ssrn.4538500

Liam Bendicksen (Contact Author)

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital and Harvard Medical School ( email )

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Aaron S. Kesselheim

Brigham and Women's Hospital/Harvard Medical School ( email )

1620 Tremont St
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HOME PAGE: http://www.PORTALresearch.org

Charles Joseph Ross Daval

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital and Harvard Medical School ( email )

1620 Tremont St.
Suite 3012
Boston, MA 02120
United States

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