Ep. 176. Sarah Brew: What Does the Overturning of the 1984 Chevron Ruling Mean for Food Safety?

Aug 27, 2024

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Sarah L. Brew, J.D. leads Faegre Drinker LLP's nationally recognized food litigation and regulatory practice. She is one of the country's leading food lawyers, representing food industry companies in a variety of complex cases, including many of the highest-profile and most media-scrutinized outbreaks and recalls over the past two decades. She also counsels clients on regulatory compliance, guiding them through U.S. Food and Drug Administration (FDA) inspections, recalls, warning letters, and enforcement actions; and advises on food safety, labeling, and marketing regulations and risk management issues. As a leading voice in food law, Sarah speaks nationally at food law conferences and before industry groups.

In this episode of Food Safety Matters, we speak with Sarah [33:43] about:

The June 28, 2024 Supreme Court ruling on Loper Bright Enterprises v. Raimondo, which overturned the Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision of 1984, and the new ruling’s regulatory implications for the food industry
How the Loper Bright decision could open up an avenue for industry to challenge important FDA or U.S. Department of Agriculture (USDA) decisions, and the difficulties plaintiffs would face in actually challenging such decisions
Ways in which the Loper Bright ruling might influence FDA and USDA rulemaking processes to prevent decisions from being challenged and ruled “unreasonable” in the future
The potential for inconsistent application of food regulations arising from court rulings made under the new Loper Bright standard
In general, the potential impacts that the Loper Bright ruling could have on food industry regulations and food safety.

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