Navigating Executive Orders and DOJ Memos That Threaten Criminal Prosecution
FDA Law Blog
MAY 26, 2025
While ensuring that a pre-enforcement challenge is properly presented to a court is not a simple task, it can be done, and for those interested, there may be much to challenge. MedImmune, Inc. Genentech, Inc., 118, 129 (2007) (quoting Abbott Labs v. Gardner , 387 U.S. 136, 152 (1967)). Defenses can also be raised during an investigation.
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