Department of Health & Human Services v. Rxusa Wholesale, Inc.

SUMMARY ORDER

Defendant-Appellant, the U.S. Food and Drug Administration (FDA), appeals from an order of the District Court entering a preliminary injunction enjoining the FDA from implementing 21 C.F.R. § 203.50(a). See RxUSA Wholesale, Inc. v. Department of H.H.S., 467 F.Supp.2d 285 (E.D.N.Y. 2006). We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.

To succeed on its motion for preliminary injunction, RxUSA Wholesale, Inc. (RxUSA) was required to demonstrate “(i) irreparable harm absent the injunction and (ii) a likelihood of…