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Assignment:
The federal Food and Drug Administration (FDA) has promulgated a regulation that bans the sales of vapor products and e-cigarettes within 1,000 feet of a school, and "any other location where minors under the age of 18 years traditionally gather." The purpose of the regulation is to discourage school-age children from smoking. The affected retailers located within 1,000 feet of a school, and "any other location where minors under the age of 18 years traditionally gather" have joined together to oppose the regulation since They are no longer able to sell vapor products or e-cigarettes. The regulation has already gone into effect. The retailers want to file a complaint for injunctive relief against the FDA in federal district court. What arguments could the retailers reasonably make in their complaint? Consider all forms of justiciability in Constitutional law rules. Use the Political question rules. Please use the IRAC format for the answers, meaning, I-Issue / R-Rule/ A-Analysis / C-Conclusion.
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