A Loper Bright(er) Future? Consideration of the US Supreme Court’s Recent Changes to Administrative Law and Their Impact on US Food and Drug Administration (FDA) law

At the end of the 2023-2024 Term, the Supreme Court issued four key decisions that have potentially wide-ranging consequences on federal agency rulemaking, adjudication and regulatory compliance.

In this article we consider the impact of these decisions on matters involving the US Food and Drug Administration (FDA), including pending rules, ongoing litigation and enforcement.