CareToLive v. Andrew von Eschenbach

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant CareToLive (“CTL”), appeals the judgment of the district court dismissing CTL’s action for lack of subject matter jurisdiction. CTL, which characterizes itself as an association of cancer patients, patient families, doctors, investors, and advocates, filed suit in the district court to challenge the Food and Drug Administration’s (“FDA”) decision not to immediately approve a Biologies License Application (“BLA”) for the vaccine Pro-venge. The FDA neither approved nor denied the application, but instead issued a Complete Response Letter to…