I wish to accomplish in my comment was to help the FDA is that there is pros in the use of E-cigarettes. Also, that the use of E-cigarettes is a lower and healthier risk then the use of regular tobacco cigarettes. 4. The deadline was Jan 16, 2013. 5. a. Private citizens, government officials, industry representatives, businesspeople, and corporations can all send in comments based on provided proposed regulation during the public comment period. Anyone who wishes to challenge the validity of a federal regulation after it becomes law must participate in the comment period and voice his or her concerns at that time. Some agencies hold public hearings on proposed regulations. The purpose of the hearings is to take input on the proposals and consider additional evidence and consider additional evidence and factors relevant in promulgating the final version of the rule.” Business: Its Legal, Ethical, and Global Environment, 9th Edition.
b. 1) Arbitrary and Capricious. Standard for challenging administrative agency rules; used to show decisions or rules were not based on sufficient.
2) Substantial Evidence Test. Basis for challenging the action of an administrative agency on the grounds that the rule promulgated was not based on enough evidence.
3) Failure to comply with the Administrative Procedures Act requirements of notice, publication, and public comment or input. The procedures for rulemaking must be followed in order for the regulatory process, and the resulting rules, to be valid.
4) Constitutional challenge. The regulation is unconstitutional. Dealing with regulations giving an agency authority to search records, or impose discriminatory requirements for licensing professionals.
5) Ultra Vires. Action taken beyond the scope of authority; with federal agencies, action taken that is beyond the congressional authority given in the enabling statute. c. From five legal theories, I would use Substantial Evidence Test to challenge this proposed regulation of not ban the use of electronic cigarettes. I choose this theory is based on the fact that there is enough evidence to prove that electronic cigarettes will not do the same damage to human as real cigarettes do. Because electronic cigarettes contain different chemical other than liquid nicotine, there is enough research to prove that other chemical will not affect people’s health, meaning electronic cigarettes are still a healthy alternative of cigarettes. Also, companies that manufacture electronic cigarettes claim their products do not contain carcinogens or tar or produce secondhand smoke, should be the first concern of making this regulation.
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