Understanding FDA Rules Through Arbitrary and Capricious Standard Analysis

Food and drug regulations: Applying the arbitrary and capricious standard

Under the APA, courts set aside FDA rules only if they are “arbitrary and capricious” under 5 U.S.C. § 706(2)(A). This requires a reasoned explanation grounded in the record, considering key evidence and responding to significant comments. This article explains how that standard is applied to food and drug regulations and the limits of judicial […]

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