Reference no: EM131719046

Park Pharmaceuticals, Inc. manufactured a headache pain relief drug that was marketed under the trade name, Free. A study by the federal Food and Drug Administration (FDA) revealed that Free is likely to cause high blood pressure in users. Consequently, the U.S. Congress enacted legislation prohibiting the shipment and sale of Free in the U.S., pending further testing by Park and the FDA. This law banning Free is probably:

A. Constitutional because the U.S. Congress has the power to regulate activity that directly affects interstate commerce and the ban on the sale of Free is clearly an effort to regulate commerce of pharmaceuticals.

B. Constitutional under the police power doctrine to protect consumers.

C. Unconstitutional because the law violates Park’s rights under the equal protection clause of the U.S. Constitution because the law treats Park differently than other pharmaceutical companies.

D. Unconstitutional because there is no conclusive evidence that Free is unsafe for consumers.