FDA preemption of conflicting state drug regulation and the looming battle over abortion medications.

"CONFLICT OF INTEREST As noted in the initial notation, after this article was originally published on SSRN, Ms O’Connor was retained to assist GenBioPro, Inc. in various litigation including GenBioPro v. Sorsaia, Case No. 2:23-cv-11111 (S.D.W.V. Jan. 25, 2023)."

"247: In the final days of the 117th Congress, the Democratic members (without a single Republican vote) passed a non-binding House Resolution ‘reaffirm[ing] the well-established authority of the Food and Drug Administration to approve, license, grant authorization for, or clear reproductive health products’ and ‘the preemptive effect of those federal laws on any law, requirement, regulation, standard, or other provision enacted, otherwise established, or enforced by any State or political subdivision of a State that prohibits or limits access to or use of any reproductive health product…’ H. Res. 1434 (117th Cong., 2d Sess. Dec. 21, 2022)."