Sam Jockel and Dan Jarcho will be speaking at this conference hosted by the Food and Drug Law Institute on December 5.
Sam Jockel will moderate the “State-Level Challenges and Initiatives Amid FDA Enforcement Discretion” plenary session. This session will explore the impact of states initiatives that arise when FDA exercises enforcement discretion and address key Section 310(a) preemption rulings on state efforts to enforce FDCA provisions via consumer protection or false advertising laws.
Topics will include:
- Recent state laws on PFAS in packaging
- Extended Producer Responsibility (EPR) and compostability labeling mandates
- Expanded state enforcement on greenwashing, ingredient disclosures, and nicotine sales—including proposed vape bans and retail restrictions
Dan Jarcho will speak on the “Enforcement on Trial: Recent Court Decisions Impacting FDA’s Authority” panel. This session will focus on the landmark Supreme Court decision in SEC v. Jarkesy and explore its potential application to FDA’s civil money penalty provisions under the FDCA.
The panel will also:
- Analyze a broader set of cases, such as Loper Bright and FCC v. Consumer Research, with a focus on their implications for FDA enforcement authority and administrative law
- Provide insight into evolving trends in judicial review of agency actions, scientific deference, statutory interpretation, and the shifting landscape of enforcement powers affecting FDA-regulated industries.