Fifth Circuit Rejects FDA's Regulatory Bait-And-Switch
August 20, 2026
August 20, 2026
WASHINGTON, Aug. 20 [Category: Law/Legal] -- The Washington Legal Foundation issued the following news release:
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Fifth Circuit Rejects FDA's Regulatory Bait-And-Switch
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"Today's ruling is a win for the rule of law. The appeals court correctly held that FDA cannot impose its comparative-efficacy standard through secret memos and informal adjudication-it must follow the APA's notice-and-comment process."
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Fifth Circuit Rejects FDA's Regulatory Bait-And-Switch
*
"Today's ruling is a win for the rule of law. The appeals court correctly held that FDA cannot impose its comparative-efficacy standard through secret memos and informal adjudication-it must follow the APA's notice-and-comment process."
