Hear Danco Mifeprex SCOTUS Appeal: PhRMA

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Pharmaceutical Research and Manufacturers of America (PhRMA) says the Supreme Court should hear an appeal filed by Danco Laboratories and FDA challenging a 5th Circuit Court of Appeals decision that would restrict how the abortifacient Mifeprex (mifepristone) is distributed to and used by patients. In its petition, Danco asked the high court to determine whether courts “can disregard constitutional and statutory limits on judicial review of executive action in order to overrule an agency decision they dislike.”

Danco said the court should take the case because it is a “case of indisputable importance. For the women and teenage girls, healthcare providers, and states that depend on FDA’s actions to ensure safe and effective reproductive healthcare is available, this case matters tremendously. And for the pharmaceutical and biotechnology industry, permitting judicial second-guessing of FDA’s scientific evaluations of data will have a wildly destabilizing effect.”

In its amicus brief, PhRMA says that if the 5th Circuit decision is not reversed, the court’s reasoning “could invite boundless litigation to FDA drug approvals…. Should the decision below stand, FDA’s safety determinations will risk becoming mere precursors to litigation, rather than durable decisions that protect a company’s massive investment in the product’s lengthy research and development process.”

PhRMA concludes that the appeals court’s ruling is deeply flawed and would jeopardize the settled regulatory framework on which the biopharmaceutical industry, and the patients it serves, relies. “Permitting courts to second-guess FDA’s congressionally delegated science-based safety judgments could destabilize the pharmaceutical and biotechnology industry, incentivize litigation by third parties, and discourage innovation in drug development, all to the ultimate detriment of patients,” PhRMA warns.

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