food-and-drug-administration
4 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7114 | Richard Marschall v. United States | Ninth Circuit | 2024-04-01 | Denied | Response WaivedIFP | drug-mislabeling due-process felony fifth-amendment food-and-drug-administration mens-rea recidivist recidivist-enhancement strict-liability | Whether the Due Process clause of the Fifth Amendment mandates a mens rea term for the felony recidivist enhancement, 21 U.S.C. § 333(a)(2), of the mi… |
| 23-871 | Lotus Vaping Technologies, LLC v. Food and Drug Administration | Ninth Circuit | 2024-02-13 | Denied | Amici (2)Relisted (4) | administrative-procedure-act arbitrary-and-capricious circuit-split comparative-efficacy electronic-nicotine-delivery-systems fair-warning flavored-products food-and-drug-administration marketing-applications | Whether FDA's denial of Petitioner's marketing applications for flavored ENDS was arbitrary and capricious |
| 23-788 | Hope Medical Enterprises, Inc., dba Hope Pharmaceuticals v. Fagron Compounding Services, LLC, et al. | Ninth Circuit | 2024-01-22 | Denied | Response RequestedResponse WaivedRelisted (2) | circuit-split drug-regulation federal-law federal-preemption food-and-drug-administration preemption state-law state-rights statutory-interpretation | Whether the FDCA preempts state laws prohibiting the in-state sale of unapproved drugs whose sale is also prohibited as a matter of federal law by the… |
| 21-26 | Brittany Billetts, et al. v. Mentor Worldwide LLC | Ninth Circuit | 2021-07-09 | Denied | adverse-events common-law-claims defective-manufacture failure-to-warn food-and-drug-administration medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) | Whether preemption under the Medical Device Amendments supports dismissal of state common law claims alleging failure to warn and defective manufactur… |