Seems like it where there is a requirement to preempt existing national law - I think regulation is the loophole. The approach here would be to issue whatever regulation is needed to cover these bases. A person could review recent Code of Federal Regulation changes in USA and then challenge this based on whether the regulatory change process was correctly followed and whether the regulation changes adhere to the law which empowers the regulator. I imagine that muh pandemic emergency would be effectively used to defend rapid changes to health regulation without review and comment and other formalities normally required. However, if the law says that its purpose is to ensure access to safe and effective medications and the regulatory change permits the aquisition of untested or arguably unsafe/untested medication then the challenge could be to whether the regulation is reasonable given the law empowering the agency. Of course, this is all so murky that normies would never understand and our compromised judiciary could rule in favor of Pfizer, CDC, et. all all the way through the supreme court giving no shits about the people harmed by this arrangement. Edit: IANAL.