April 4, 2025: Judicial Advocacy Update

| 2 Min Read

Court vacates FDA’s laboratory developed test final rule

On March 31, the Eastern District of Texas granted laboratory plaintiffs’ motion for summary judgement (PDF) and vacated the Food and Drug Administration’s (FDA) final rule regulating laboratory developed tests (LDTs). 

Haven't subscribed?

Stay current on the latest on the issues impacting physicians, patients and the health care environment with the AMA’s Advocacy Update newsletter.

The rule, finalized in 2024, had affirmatively declared LDTs to be medical devices under the Food, Drug, and Cosmetic Act (FDCA) and required most LDTs to go through regulatory review. FDA had previously exercised enforcement discretion with respect to LDTs, exempting most LDTs from FDA review.  

The lawsuit represents one of the first legal challenges to FDA rulemaking after Loper Bright v. Raimondo, which the court cited several times. The ruling in Loper Bright ended the principle of Chevron deference, which required courts to defer to the judgment of federal agencies on interpretation of the law. Loper Bright now allows courts to exercise their independent judgment on statutory interpretation. It is unclear whether the FDA will appeal the ruling given the change in Administration.  

The AMA raised concerns (PDF) when FDA initially proposed these changes in 2023, as strict regulatory requirements for LDTs previously subject only to regulatory requirements of the Clinical Laboratory Improvement Amendments (CLIA) would limit access to critical testing services and increase costs and burdens to the laboratories developing the tests. Patients such as pediatric and rare disease patients could be severely impacted, as commercially available tests are frequently not available for these subgroups. 

Standing for physicians

The AMA Litigation Center is the strongest voice for America's medical profession in legal proceedings across the country.

FEATURED STORIES

Elderly person looking out a window

MedPAC signals need to bolster Medicare physician payments

| 4 Min Read
Cubes make up a triangle

How hard is it to fill jobs in your physician specialty?

| 4 Min Read
A man jogs past the U.S. Capitol

Extend the federal budget window to boost preventive health

| 4 Min Read
Baby holding a doctor's finger

What doctors wish patients knew about polio

| 8 Min Read