Court Holds Environmental Group Has Standing to Challenge FDA's Inaction

, New York Law Journal


In their Second Circuit Review, Paul, Weiss, Rifkind, Wharton & Garrison members Martin Flumenbaum and Brad S. Karp analyze a recent decision that clarified what is required to establish injury-in-fact in the context of consumer food and drug suits when the effects of exposure to a particular drug are still undetermined, and that declined to limit standing to plaintiffs who could not avoid potential injury.

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