> ## Content Index
> Fetch the complete content index at: https://www.fdaweb.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# Five Possible Trump Administration Impacts
- URL: https://www.fdaweb.com/five-possible-trump-administration-impacts/
- Published: 2016-11-15T12:00:00.000Z
- Updated: 2026-09-14T21:47:46.000Z
- Author: David McFarland
- Tags: Drugs, Devices, #legacy-id-D5137347

Attorney **James Beck** (Reed, Smith) looks at five ways in which a Trump administration might affect the drug and medical device product liability space: 

- FDA’s proposed final rule to abolish generic preemption by enacting regulations that likely violates the Federal Food, Drug, and Cosmetic Act’s “sameness” requirement for generic drugs will be dropped. “We find it difficult to believe that a Trump FDA would continue a controversial Obama FDA proposal that has always been pursued as a sop to the plaintiffs’ bar, a major supporter of the outgoing president,” Beck writes. “If there’s one thing we know Donald Trump believes in, it is getting revenge.”
- The odds of another pro-tort-preemption Supreme Court justice to fill the vacant seat created by Justice **Antonin Scalia**’s death have increased significantly. His analysis reviews four judges reportedly on a Trump short list.
- It is not likely that **Donald Trump** likes California all that much and thus won’t support that state’s effort to set itself up as the nationwide jurisdiction of last (or even first) resort for product liability litigation involving businesses anywhere in the country.
- Since a number of the president-elect’s supporters have been either proponents or beneficiaries of applications of First Amendment rights to corporate entities, there may be a more favorable prospect for the quicker demise of FDA’s longstanding prohibition against truthful off-label promotion.
- “This would seem like an auspicious time for the Chamber of Commerce to dust off some of their product liability-related legislative proposals, not necessarily limited to the drug/device, concerning product liability litigation…. While product liability was certainly not one of the Trump campaign’s top priorities, if given the opportunity, we doubt a Trump administration would veto such measures, if passed by a more receptive Congress.