Search & Destroy Mission Yields Scant Results


We commented on the Obama Administration’s anti-preemption search and destroy mission at the time, back in 2009. To recap, a presidential memorandum directed all federal administrative agencies to seek out, identify, and correct any “unjustified” statements about preemption that took place during the prior ten years (read: during the Bush administration). The FDA was, of course, included in this search and destroy mission. Indeed, it was probably the primary target.

Well, not too long ago the FDA released the results of its search, to almost no publicity. See 76 Fed. Reg. 61565 (FDA Oct. 5, 2011). Even the FDA Law Blog, our usual source for administrative news, didn’t bother covering it.

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