Currently the FDA has the unchecked power to create federal felonies, because failure to comply with FDA regulations is a felony. This is false. The FDA can o

Currently the FDA has the unchecked power to create federal felonies, because failure to comply with FDA regulations is a felony. This is false. The FDA can only issue regulations within the specific statutory authority given to it by Congress. Moreover, a violation of an FDA regulation is not a felony. At best, the FDA can refer a case to the Justice Department for an investigation of whether federal laws were violated when violating the regulation. In many cases, it is possible to violate a regulation without violating the law authorizing that regulation. In others, violating the regulation is synonymous with violating the statute because the regulation just restates the statute.