Every year, the Food and Drug Law Institute (FDLI) publishes its annual Top Food and Drug Cases report, highlighting significant judicial decisions that have shaped food and drug law. This year’s publication includes a chapter by Partner Andrew Wasson examining Eli Lilly & Co. v. Kennedy.

In his chapter, Andrew explores the court’s interpretation of FDA’s regulatory authority, the classification of biological products under the Public Health Service Act, and the broader implications of the decision following the Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo. His analysis offers insight into how courts may approach future challenges involving FDA interpretations and biologic products.

Read Andrew’s full chapter here, or visit the FDLI website to access the publication.