In what appears to be the first case to consider the issue, an Eastern District of Missouri court recently rejected the argument that the Supreme Court’s Loper Bright Enterprises v. Raimondo decision overruling Chevron deference undermines the basis for express preemption in medical device cases.

The 1984 Supreme Court decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. established the ‘Chevron deference’ doctrine, which required courts to defer to administrative agency interpretations of ambiguous statutes if they were reasonable. This doctrine significantly impacted the financial services sector, making it difficult to challenge the US Department of the Treasury's actions, such as sanctions and penalties.