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The powers of the FDA aren't totally unchecked. There's an old law called the Administrative Procedures Act. If I understand it right, it basically says (amon
by elihu 6y ago
The powers of the FDA aren't totally unchecked. There's an old law called the Administrative Procedures Act. If I understand it right, it basically says (among other things) that government agencies that make rules have to have good reasons for those rules, and that they should be consistent with the purpose of the agency as described in the laws Congress passes delegating authority to that agency. So, if the FDA creates a rule that whistling the national anthem while riding a unicycle on the deck of an aircraft carrier in active service is against the law, citizens adversely affected by that rule can sue the agency and (if successful) have the rule overturned by the courts because the FDA was not granted authority over those things.
I expect it might be possible to challenge the rule against grated cream cheese even if it's within the scope of the FDAs authority if the rule doesn't serve any legitimate purpose.
https://en.wikipedia.org/wiki/Administrative_Procedure_Act_(United_States) https://en.wikipedia.org/wiki/Administrative_Procedure_Act_(...
- ashtonkem 6y agoIt’s unchecked by any elected body, more precisely. You can use the courts as a redress against bad regulations, but you have significantly less input into what generates those regulations, especially since the FDA is not a deliberative body.