On October 6, Axinn partner Chad Landmon participated in a virtual panel entitled, "Issues and Topics in Litigation Challenging FDA Actions Under the Administrative Procedure Act (APA)" at the FDLI Annual Conference: Exploring Advanced Topics in Food and Drug Law.
Panelists discussed recent and pending challenges against or relating to FDA regulation and the issues and topics these challenges raise.
- Standing to sue
- The types of actions that can be challenged
- The role of Citizen Petitions in advance of litigation
- The “final agency action” requirement
- Evidence admissibility
- Rights and roles of intervenors
- “Plain language” arguments and strategies
- Challenges to the deference standard
- Demonstrating “arbitrary and capricious” agency action
- APA procedural requirements
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