Published on May 22, 2024

Last week, Professor Erika Lietzan spoke at the Food & Drug Law Institute’s annual meeting. Her talk discussed the Fifth Circuit’s Apter v. HHS decision (which relates to FDA’s famous “you’re not a horse” tweet.) The FDLI is a nonprofit membership organization for specialists in food and drug law, whether they are in private practice, industry, government, or academia. Professor Lietzan has held multiple leadership positions at the FDLI since the early 2000s, most recently serving on the committee organizing programs and publications to celebrate its 75th anniversary.  Her talk on Apter focused mainly on sovereign immunity and administrative law issues, though she also discussed the question of FDA’s legal authority to issue information and recommendations relating to products that it regulates.