FDA Warnings Can Be Fought In Court, Supreme Court Told

Law360, New York (June 11, 2012, 1:17 PM EDT) -- Warning letters issued by the U.S. Food and Drug Administration count as final agency actions and can be challenged in court, holistic health remedy advocates argued in a petition to the U.S. Supreme Court that was made public last week.

The Holistic Candlers and Consumer Association and others said the D.C. Circuit incorrectly ruled in January that FDA warning letters issued to ear candle makers weren't subject to judicial review under the Administrative Procedures Act because they didn't constitute a final agency action.

“The opinion, if...
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