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Essay / Research Paper Abstract
This 3 page paper investigates the case of Miracle Pharmaceuticals and the FDA challenge of its marketing of anti-balding product. The author discusses due process, standing, ripeness, mootness, agency discretion, and exhaustion of administrative remedies. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: AM2_PplwHairLoss.rtf
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Unformatted sample text from the term paper:
products were unfair, false, and deceptive. The company was issued a proper notice of complaint and ordered to appear a hearing. Prior to the hearing occurring, however, FDA
officials presented their finalized views as to the legitimacy of such products and the advertising surrounding them in a formal conference. This act introduces concerns regarding due process, standing,
ripeness, mootness, agency discretion, and exhaustion of administrative remedies. The FDA is charged with governing the use of drugs in this country. The product being advertised by
Miracle Pharmaceuticals would classify as a drug. The FDA thus does have standing in the case. The first question that should be asked in any ripeness analysis is
whether the enabling act limits pre-enforcement review. SEC. 305. [21 USC ?335] (Hearing Before Report of Criminal Violation) of the FDAs enabling act requires that persons whom the FDA
is contemplating action against be given the opportunity to present their case prior the situation being reported for criminal proceeding. The FDA met the stipulations of this by issuing a
proper notice of complaint and scheduling a formal hearing. Ripeness then is not an issue in this case. What is an issue is due process and agency discretion.
The concept of due process is a critical cornerstone in individual rights of American citizens. Due process dates to the Fifth Amendment of the U.S. Constitution and refers to
the due process of law. More specifically, the Fifth Amendment states that no person shall be: "deprived of life, liberty, or property, without due process of law" (Patrick, 2002,
37). This concept was elaborated on more fully in the Fourteenth Amendment. Adopted just after the Civil War and three-quarters of a century after the Fifth Amendment, the
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