WLF Seeking "Severe Sanctions" Against FDA

The Washington Legal Foundation has asked the US District Court inWashington to impose severe sanctions against the US Food and Drug Administration, based on its "wilful and bad-faith" violations of court orders.

The motion stems from the FDA's violation of an order for then-FDA Commissioner David Kessler to appear for a deposition in connection with the WLF's First Amendment litigation against the FDA. Dr Kessler's refusal to appear has delayed progress in the case for over 10 months.

The suit is now bogged down with sanctions and depositions, says the WLF. Chief counsel Richard Stamp told the Marketletter that Dr Kessler had defied several court orders to appear for the deposition. In January, the WLF moved for sanctions, which would grant that a number of allegations in the suit, ie everything the WLF says about FDA policy, would be deemed to be true. A ruling on this request for sanctions is pending and, if granted, would eliminate a number of the factual issues in the litigation, he said.