The White-Hot Spotlight: How Media Portrayal of FDA Impacts Litigation and Juries

Faegre Drinker Partner Adrienne Busby served as a panelist during the 2022 Food and Drug Law Institute (FDLI) Enforcement, Litigation, and Compliance Conference: For the Drug, Device, Food, and Tobacco Industries. Adrienne’s panel discussion was titled “The White-Hot Spotlight: How Media Portrayal of FDA Impacts Litigation and Juries.”

Theranos. Dopesick. COVID-19 vaccines. Public Advisory Committee Meetings. Food safety recalls. Examples of recent high-profile media coverage and Hollywood dramatizations of FDA-regulated products are abundant. These stories, both factual and fictional, infiltrate jurors’ minds, impacting the opinions of the FDA and in turn, the outcome of legal cases. Implications include jurors’ perception of regulators post-pandemic, how they view and interpret scientific evidence, and how enforcement actions are perceived. Whether the proceedings are criminal or civil, understanding how jurors perceive the FDA can help companies to manage risk on the front end, even before litigation arises.