The US Supreme Court's decision in
Loper Bright Enterprises v. Raimondo has upended four decades of established rule, setting off chain reactions that will change the workings of any industry that interacts with federal regulators, including drug and medical device developers, chemical manufacturers, water suppliers and energy producers.
Foley Hoag partner Andrew London spoke with
Chemical & Engineering News about the potential effects of
Loper on the Life Sciences industry, saying that the effect on innovation could be chilling if pharmaceutical companies and their investors don’t have a clear sense of whether guidelines from the FDA, the US Department of Health and Human Services or the Centers for Medicare and Medicaid Services can be relied on.
“Reliability is always a good thing,” London says. “That’s what supports the investment. That’s what turns a good idea into a commercial product.”
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