Eli Lilly and Company invoked the US Supreme Court's recent opinion overturning the Chevron doctrine of deference in a new lawsuit challenging the US Food and Drug Administration’s determination that its investigational anti-obesity agent retatrutide is a drug, not a biologic.
Lilly Challenges US FDA Classification Of Obesity Drug Retatrutide, Citing Chevron Overturn
Determining what falls within the statutory definition of ‘biological product’ is an interpretative question that courts, rather than the agency, must resolve, Lilly said in a lawsuit repeatedly citing the US Supreme Court’s June decision in Loper Bright.
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