Food, Drug & Health

The Litigation Center frequently files briefs supporting companies in the food, drug, and health-care sectors. These companies often find themselves in the crosshairs of overzealous regulators and the plaintiffs’ bar. The U.S. Food & Drug Administration alone claims that it regulates about 20 cents of every dollar spent by American consumers each year – to say nothing of overlapping regulation by other federal agencies.  The Litigation Center accordingly files briefs opposing regulators who overstep statutory and other legal limits while seeking unwarranted deference.  We also help companies in the food, drug, and health-care sectors defend against private litigation, especially class actions.

In both public and private litigation, the Litigation Center has filed amicus briefs aiming to defeat improper price-control measures; to uphold the preemptive effect of federal regulatory decisions and prevent states from improperly regulating interstate commerce; to resist overbroad or otherwise improper suits under the False Claims Act and under common-law products-liability or public-nuisance theories; to protect sensitive and confidential business information and resist illegal, unduly burdensome disclosure requirements; and to preserve businesses’ First Amendment rights against improper and overbroad compelled-speech measures.