Congress passed a law giving FDA increased authority to regulate dietary supplements.
Congress passed a law giving FDA increased authority to regulate dietary supplements. The FDA subsequently issues several regulations under the law, including a regulation establishing labeling requirements for supplements for domestic pets and banning the inclusion of certain ingredients. Peppy Pup, a manufactur of dog vitamins, challenges the FDA final regulation in court. Peppy pup stated the new requirements, the company has had to stop selling some of their most popular products and had to spend large amounts of money to change labeling. The company argues Congress did not intended to expand FDA authority in a way that included dietary supplements for animals.
-does peppy pup have standing to challenge the FDA rule?
-what framework would a court apply in assessing Peppy pups claim?
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