Food, Drug & Health

The U.S. Food & Drug Administration (“FDA”) alone claims that it regulates about 20 cents of every dollar spent by American consumers each year – to say nothing of the role played by other federal agencies in regulating the food, drug, and health care sectors.  Moreover, companies in these sectors frequently find themselves in the crosshairs of the plaintiffs’ bar.  Much of the Litigation Center’s docket generally affects the ability of these companies to defend themselves against private litigation, especially class actions, and against regulators who overstep statutory and other legal limits while seeking unwarranted deference.  The Litigation Center has filed amicus briefs aiming to preserve the First Amendment rights of businesses against improper government-compelled speech; to protect sensitive and confidential business information; to resist overbroad or otherwise improper claims brought under the False Claims Act and under common-law products-liability theories; and to uphold the preemptive effect of federal regulatory decisions.