3rd Circuit Limits NVE's Appeal of FDA's Ephedra Ban to Administrative Record

PHILADELPHIA - The Third Circuit Court of Appeals recently remanded NVE's lawsuit challenging the Food and Drug Administration's ban on ephedra, but limited the manufacturer to review of the administrative record without expert witnesses and discovery. NVE Inc. v. Dept. of Health and Human Services, et al. No. 04-4481 (3rd Cir.)

On Feb. 7, the Third Circuit three-judge panel remanded the case to the U.S. District Court for the District of New Jersey, finding that the Administrative Procedure Act limits judicial review of rulemaking to the administrative record and does not permit discovery under the circumstances in NVE's case. The …