Must FDA Treat Similarly-Situated Competitors the Same Way?

We Are Lucky Our Business Is in OmahaDecember 28, 2010

It is obviously unlawful to discriminate because of race, religion and numerous other criteria. However, one factor generally thought not to be in the “prohibited factors” category is the location of a place of business.

Should one business be held to a high degree of scrutiny by the Food and Drug Administration (FDA) because of its location in an active FDA District, whereas another business is held to a lower decree of scrutiny because it is located where there is a smaller FDA presence? Similarly, is the interest of justice served, and is the public’s confidence in government diminished, when two businesses which engage in similar business practices are not treated the same by FDA?