A Rare Application of the Political Question Doctrine

Litigation attorney Eric Alexander published a blog on Drug & Device Law analyzing the rare application of the political question doctrine in Caston v. F. Hoffman-La Roche. The court declined jurisdiction over design defect claims against mefloquine manufacturers, finding the claims improperly challenged decades-old U.S. Food and Drug Administration (FDA) determinations on the drug's safety and efficacy — a non-justiciable political question. Mr. Alexander contrasts this novel ruling with prior cases allowing product liability suits over regulated products, suggesting the long look-back period required in Caston made second-guessing FDA unfit for judicial review.

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