End of Chevron deference gives courts the potential to overrule US FDA decisions

The US Supreme Court has overturned the Chevron doctrine, which held that courts should defer to the interpretations of expert federal agencies regarding ambiguous laws the agencies are required to implement, as long as the agency’s interpretations are reasonable.

The ruling – based on the 1984 decision in Chevron vs Natural Resources Defense Council that established an important principle in administrative law, known as “Chevron deference” – may have an impact on the tobacco and nicotine industry, as it could open the doors for the courts to potentially overrule US Food and Drug Administration (FDA) decisions. The ruling was issued last week, with six conservative justices in the majority and three liberals in dissent.

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