Implications of Recent Third Circuit Court of Appeals Decision for FDA Drug Approval Framework

Donald Ashley, Kalah Auchincloss & Elizabeth Oestreich


A recent Third Circuit Court of Appeals decision in United States v. Vepuri has the potential to undermine the legal framework for drug approvals in the United States. Specifically, this decision could shield copycat products from U.S. Food and Drug Administration (FDA) enforcement action and allow them to enter the market without FDA pre-approval. The loophole created by this decision is accompanied by concerns about product quality, patient safety, and other issues that would be flagged in a premarket review.