FDA Rep a No-Show at Court Hearing, Citing COVID Concerns; FDA Releases Additional Docs; and FDA Triples Down On 75-Year Production

…There is one point that is particularly noteworthy: Americans must routinely produce documents, pay fines, and otherwise expend resources to comply with the law.  Courts don’t inquire as to the ability or financial resources to comply with the law – they must comply.  In fact, it would be laughable if a billionaire defendant came before a court and claimed poverty to escape making a document production, but that is the FDA’s position.  The Court, we hope, will do what it does with all parties: enter an order requiring the FDA to follow the law.  If the FDA has an issue with doing so, it should take its complaint to Congress, not ask the Court to deviate from the law or give it any special accommodation from compliance with the laws that every other American must comply with.


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