The Supreme Court could overturn the Chevron doctrine. Here’s how that could hurt the FDA
The Supreme Court on Wednesday heard oral arguments in two cases having to do with federal oversight of herring fishing — but the court’s decisions in the cases could leave the FDA and other federal agencies in limbo.
At issue is a 40-year-old legal doctrine known as Chevron deference, which gives federal agencies latitude to interpret ambiguous federal laws so that courts don’t have to get involved each time they make a regulatory decision. Without it, regulatory experts and stakeholders have warned that the FDA and industry would be left in murky waters and may have to take more risks when determining whether products are compliant with the regulations.
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