Outside Publication

A Closer Look At New Federal 'Right To Try' Law, Law360

June 01, 2018

The US House of Representatives on May 22 passed the Senate’s 2017 version of national "right to try" legislation, which was signed by the president on May 30. This law creates a federal framework for patients to access investigational new drug products outside of clinical trials and outside of the US Food and Drug Administration’s already existing expanded access program. The law comes in the wake of a majority of states passing their own right-to-try laws, creating the potential for a conflict between state laws, the FDA’s expanded access regulations and federal statutes.

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