Business Law Discussion Board
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Business Law Discussion Board.
Administrative agencies are governmental bodies with partial powers deputised by the by Congress, and each of them performs a specific task that they have been assigned. The paper discusses the FDA agency which abbreviates the words Food and Drug Administration, and its work is to regulate drugs, food and cosmetics and also impose rules upon them. Despite the agencies withholding such a high stake in the government, they are not immune to challenge which provides a chance to the companies that they might use to overturn the rules made against them (Collins 1). That will require them to file a petition in a court of law mostly the supreme court which deals with matters to do with the agencies. They should give a clear explanation as to why they feel that the rules should be amended or set aside altogether.
Following the ruling of the court, the rules that violate the producer’s freedom might be set aside but on the basis that there will be an amendment to come up with others that are better. The agency should review the rules according to the Zauderer standard (Nunes 9). The standard deals with the regulations of the graphics that the Agency has required the companies to paint on the packets. FDA is expected to review the effectiveness of the graphics to make sure that it does away with regulations. The above ruling implies that the Agencies regulations can be set aside to come with better rules.
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The Agencies regulations can be made elsewhere by following a court’s decision. That has happened where the court of invalidated FDA’s graphics rule following a filling by R.J. Reynolds who had sought to challenge the lawmaking body. The Congress also gives the agency limited powers which makes it possible for their rules to be amended.
Works Cited
Collins, Jeffrey. “Tobacco Companies Sue Federal Government Over Graphic Cigarette Warning Labels.” HuffPost, 2017, https://www.huffingtonpost.com/2011/08/16/cigarette-warning-labels-sue-government_n_928900.html. Accessed Feb 09, 2018.
Nunes, Bianca. “The Future of Government-Mandated Health Warnings After RJ Reynolds and American Meat Institute.” University of Pennsylvania Law Review Online 163.1 (2015): 9.
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