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Federal appeals court rejects challenge to FDA delay in BPA rulemaking for lack of jurisdiction
  • Shook Hardy & Bacon LLP
  • USA
  • June 23 2011

The D.C. Circuit Court of Appeals has determined that it lacks jurisdiction to hear the Natural Resources Defense Council’s (NRDC’s) request that the court order the Food and Drug Administration (FDA) to issue a final decision on NRDC’s citizen petition asking the agency to prohibit the use of bisphenol A (BPA) in human food.


Eighth Circuit rules adulterated drug claims not preempted by federal law
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2011

The Eighth Circuit Court of Appeals has reinstated claims for economic injury brought against the maker of a hypertension medication, finding that allegations of adulteration and failure to comply with federal regulations were not impliedly preempted by the Federal Food, Drug, and Cosmetic Act.