A setback to Eisai that also raises questions for the pharmaceutical industry, a federal appeals court has dismissed a lawsuit the drugmaker filed against the US Drug Enforcement Agency for failing to schedule its Fycompa epilepsy pill as a controlled substance. Eisai charged the DEA with “unreasonably” and “egregiously” delaying what “historically, has been a straightforward, relatively simple task.” As we noted at the time the lawsuit was filed last August, the pill was approved by the FDA a year ago and a scheduling recommendation was sent in January.
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