The law says: "The FDA is responsible for food safety". The FDA finds that the red dye #3 may be unsafe and bans it. Prior to Chevron's repeal, you could have

The law says: "The FDA is responsible for food safety". The FDA finds that the red dye #3 may be unsafe and bans it. Prior to Chevron's repeal, you could have only argued that the FDA's ban was not a proportionate response, or you could have argued that the FDA had not properly consulted with the industry. But that was about it. Now you can just go to the court in Oil City, TX and say: "Nah, we don't believe that the red dye #3 is harmful. We think we ought to add it to every school meal! SAVE THE CHILDREN!". The jury agrees with you, and that's it.