Food and Drug Law Journal Publishes Akin Gump Article on State Regulations and the FDA

Nathan Brown, a partner in the health practice at Akin Gump, and Eli Tomar, an associate in the public and policy practice, have written the article “Could State Regulations be the Next Frontier in Preemption Jurisprudence?” which was published in Food and Drug Law Journal.

The article begins with an analysis of the history of state regulation of FDA-regulated industries and the expansion of the FDA’s jurisdiction. Brown and Tomar then explain federal exemption in the context of FDA law and offer a way to understand “the overlap between federal and state authorities.”

After providing some examples “of existing or proposed state requirements that would potentially interfere with the federal regulatory regime for outsourcing facilities,” the article concludes by offering “preliminary suggestions for properly balancing federal and state oversight in order best to protect the public health.”

To read the full article, please click here.