2013, FDA and Federal Policy - Health Care Compliance Brief

Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

Drug & Device Law

JUNE 28, 2022

June 24, 2022), we fully expect attempts by such states to ban FDA-approved prescription drugs that can be used to bring about abortions by chemical means. But when the FDA has approved a product, states no longer have the power to prohibit their sale or use for FDA-approved indications. 627, 636 (2013). 393(b)(1).

FDA

FDA Public Health Federal Policy Doctors

Logical Contradiction Doctrine: Buckman for Textualists

Drug & Device Law

JANUARY 30, 2023

472 (2013), implied preemption decisions, cited only by the dissent in Wyeth v. 470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. Kent , 552 U.S.

FDA

FDA Fraud Governance Medicare

Health Care Compliance Brief

Federal Preemption of State Attempts To Ban FDA-Approved Abortion Drugs After Dobbs

Logical Contradiction Doctrine: Buckman for Textualists

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