David Rosen Comments on FDA, Compounder Conflict Over Drug Shortages

Foley & Lardner LLP partner David Rosen highlighted the U.S. Food and Drug Administration’s drug shortage list in the BioSpace article, “Post-Chevron Legal Battles: Three Key Cases to Watch.”

“Up until very recently, no one cared if a drug came on or off the drug shortage list,” Rosen explained. “If anything, the reaction was, ‘Okay, it’s off shortage, everybody’s happy.’ That was until what happened with the GLP-1s.”

Rosen added that though the FDA previously had deference from the courts to determine shortages, this process was neither well codified or clearly in the public domain.