Professor Lietzan Speaks About Top Cases in Food and Drug Law

On May 3, Professor Erika Lietzan spoke at the annual meeting of the Food and Drug Law Institute (FDLI), a nonprofit organization dating to the 1940s that brings together experts from the federal government, industry, the private bar, non-profit organizations, patient and consumer advocates, consulting firms, and academia. Its annual meeting is the premier conference for the food and drug law community and focuses on the complex legal, regulatory, and policy issues faced by FDA-regulated industry.

As she did last year, Professor Lietzan spoke on the perennially popular and always entertaining “Top Cases in Food and Drug Law” panel at the conclusion of the conference. Her presentation this year focused on Eagle v. Azar, currently on appeal to the D.C. Circuit. This case involves the agency’s controversial interpretation of a statutory provision providing market exclusivity for “orphan drugs,” which are intended for rare diseases. Professor Lietzan argued that this case also raises deeper issues about the approach courts should take when the plain language of the statute seems to dictate a result that a closer look suggests might be wrong.

Professor Lietzan teaches, among other things, Drug and Device Law, Intellectual Property, and Administrative Law, and she writes regularly on these issues.