In 2-1 Decision, D.C. Circuit Rules That FDA May Not Ban a Medical Device for a Particular Purpose

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In 2-1 Decision, D.C. Circuit Rules That FDA May Not Ban a Medical Device for a Particular Purpose

Agency Had Banned Electrical Stimulation Devices Used To Treat Aggressive, Self-Injurious Behavior

Dennis Tosh

July 8, 2021 at 02:46 PM EST

The FDA may not ban electrical stimulation devices to treat aggressive or self-injurious behaviors, a federal appeals court has held in a 2-1 decision, ruling that banning a medical device for a particular purpose constitutes the illegal regulation of the practice of medicine (The Judge Rotenberg Educational Center, Inc. v. FDA, No. 20-1087, 2021 U.S. App. LEXIS 19958, 2021 WL... Read More

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In 2-1 Decision, D.C. Circuit Rules That FDA May Not Ban a Medical Device for a Particular Purpose

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