Food, Drug and Healthcare

The U.S. Food & Drug Administration claims that it regulates about 20 cents of every dollar spent by American consumers each year – to say nothing of the role played by other federal agencies in regulating the food, drug, and health care sectors. Moreover, companies in these sectors frequently find themselves in the crosshairs of the plaintiffs’ bar.  

The Litigation Center supports the ability of these companies to defend themselves against private litigation, especially class actions, and against regulators who overstep statutory and other legal limits while seeking unwarranted deference.  

The Litigation Center has filed amicus briefs aiming to defeat improper price control measures; to uphold the preemptive effect of federal regulatory decisions and prevent states from improperly regulating interstate commerce; to resist overbroad or otherwise improper claims brought under the False Claims Act and under common-law products-liability theories; to protect sensitive and confidential business information and resist illegal, unduly burdensome disclosure requirements; and to preserve the First Amendment rights of businesses against improper and overbroad compelled-speech measures.