United States v. Franck's Lab, Inc.

ORDER

TIMOTHY J. CORRIGAN, District Judge.

In the seventy-plus years since Congress created the Food and Drug Administration, the FDA has never before sought to enjoin a state-licensed pharmacist from engaging in the traditional practice of bulk compounding of animal drugs. Here, the FDA seeks just such an injunction. This case of first impression implicates matters of statutory construction, federalism, and the proper deference to be afforded to the FDA in interpreting its enabling statute.

I. Facts and Procedural Posture

This statutory injunction proceeding is brought by the United States of…