Legal Ethics Assignment Essay Example for Free

Legal Ethics Assignment Essay1. solid food and Drug Administration. This agency and proposed regulation interests me beca part since it is something that has become popular in the recent years and that it affects many hatful in the united states and in the world today. Yes, many people in the gaming attention potbelly on a regular basics. It will not affect the business directly just the workers in the industry. 2. The proposal is a consideration of applicable approval mechanisms and additional indications for nicotine replacement therapies (NRTs), and input on a report to Congress examining the regulation and development of innovative products and treatments for tobacco dependence. In more basic ground it is trying to get tobacco dependent treatments or mechanisms, such as electronic cig atomic number 18ttes, a come about to be officially ap leavend by the FDA.3. Six months after most people purchased e-cigarettes, 31% of these smokers verbalise theyd quit cigarettes and two-thirds of them said theyd cut back on the number of cigarettes they smoked. A third of those whod quit smoke also quit using e-cigarettes. But E-cigarettes have not been tested for efficacy and safety. Additionally, they are produced afield with little oversight to ensure good manufacturing practices. To regulate this product identified chemicals and quantities that is utilise in this product, way out pros and cons for this product, and put a warning label on the product about the risk of addiction to nicotine. I wish to accomplish in my gossip 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 g ainsay 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 make for input on the proposals and consider additional conclusion 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 natural process 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 regul atory process, and the resulting rules, to be valid. 4) Constitutional challenge. The regulation is unconstitutional. Dealing with regulations giving an agency authority to take care 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 court-ordered 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 authoritative cigarettes do. Because electronic cigarettes guide different chemical other than liquid nicotine, there is enough research to prove that other chemical will not affect peoples 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.