| Drug and biotech companies are coming to the defense of the Food and Drug Administration and assailing a Texas court's ruling on abortion pills, saying it sets a dangerous precedent for undermining federal drug approvals, Axios' Adriel Bettelheim and I report. Why it matters: If the ruling is upheld, FDA decisions could be stayed by individual judges, injecting chaos into the regulatory process and creating new potential liabilities for manufacturers. - U.S. District Court Judge Matthew Kacsmaryk, among other things, found doctors had standing to legally challenge the FDA's approval of the abortion drug mifepristone, because they had to treat patients who'd had ill effects from taking it.
- The industry says adding such uncertainty to the already risky work of developing drugs could chill investment in new cures.
What they are saying: "Judicial activism will not stop here," a group of more than 250 drug industry leaders, including Pfizer CEO Albert Bourla, as well as other drug company and biotech execs and investors wrote in a letter on Monday. "If courts can overturn drug approvals without regard for science or evidence ... any medicine is at risk for the same outcome as mifepristone." - In an interview on CNN, HHS Secretary Xavier Becerra laid out a list of potential targets. "You're talking about our vaccines. You're talking about insulin. You're talking about the new Alzheimer's drugs that may come on," he said. "If a judge decides to substitute his preference, his personal opinion, for that of scientists and medical professionals, which drug isn't subject to some kind of legal challenge?"
Catch up quick: The industry statements came hours before the Justice Department and a manufacturer of mifepristone appealed Kacsmaryk's ruling. - The FDA also asked a federal court in Washington state — which released a dueling opinion on Friday that would maintain the status quo on mifepristone — to clarify how it can move forward with that ruling if the Texas injunction prevails.
- The matter is expected to end up at the Supreme Court.
What we're watching: In recent campaign cycles, the drug industry has favored Republicans, per KHN. That dynamic could change if Democrats steer efforts to prop up FDA's authority and maintain the status quo. Related: Democrats squeeze vulnerable Republicans over abortion pill ruling. |
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