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STEVEN GROSSMAN
States vs. Federal Rights: The Perennial Debate Over FDA and Preemption
STEVEN GROSSMAN

‍Since the founding of our republic, there has been debate about states’ rights vs federal rights. And in times of stress, the discussion gets more heated and gains more traction. Once again, FDA is moving into the center of such debates.

‍National uniformity is central to FDA’s mission and responsibilities.‍ In general, food and drug regulation is based on the need for--and value of--comprehensive nationwide coverage of regulated goods and services…

In addition, consumers benefit from the protection offered by one federal agency. Access to safe food and drugs should not vary depending on where a person lives….‍ ‍

FDA appears to be on the brink of fresh engagement where states’ rights and preemption will be central issues….

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STEVEN GROSSMAN

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Q&A - October 20, 2025

This week’s questions:

  • It appears that no progress has been made to end the federal government shutdown. What happens next?

  • There have been recent headlines that FDA’s FY 26 funding might be appropriated, separate from resolution of the shutdown. Is this true and how likely is it?

  • FDA has announced the first nine companies to be granted vouchers under the Commissioner’s National Priority Review Voucher Initiative. What do you think?

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Steven A. Grossman, JD, is the founder and author of FDA Matters. Read more about Steven here.

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