date:Jul 25, 2014
tion for when such use is medically necessary.
In 2012, U.S. Magistrate Judge Theodore Katz in Manhattan agreed with the Natural Resources Defense Council (NRDC), Public Citizen and other groups challenging the FDA policy that the refusal to consider the citizen petitions, which date from 1999 and 2005, was arbitrary and capricious.
Writing for a 2-1 appeals court majority, however, Circuit Judge Gerard Lynch said the FDA deserved deference, even if agency officials had scientific concern abou