Ipsen Biopharmaceuticals, Inc. v. Becerra

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IPSEN BIOPHARMACEUTICALS, INC., Plaintiff, v. No. 22-cv-860 (DLF) XAVIER BECERRA, Secretary, United States Department of Health and Human Services, et al., Defendants. MEMORANDUM OPINION Ipsen Biopharmaceuticals, Inc. brings this case against the Secretary of Health and Human Services and the Commissioner of the Food and Drug Administration (FDA) under the Administrative Procedure Act (APA), arguing that the FDA’s decision to regulate its product as a drug, rather than a biological product, was arbitrary, capricious, an abuse of…