The fda claims it has the right to classify new products

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Reference no: EM1383422

This first assignment is designed to focus on the general nature and meaning of law, the court system in action, the concept of legal jurisdiction, that is, the legal authority of courts to "hear" cases and bring parties into court, the differences between state and federal court jurisdiction, as well as how these aspects of law work together in reality.

Digesti-Aid, Inc manufactures and markets a weight loss product known as "Fat Blockers", a product that blocks 80% of the human body's digestion of fat as an aid in weight control. The US FDA classified Fat Blockers as a drug and required that it be removed from the market until the FDA can test and approve its use.

The FDA claims it has the right to classify new products as drugs and prevent their distribution until their safety is determined and approved for sale on the open market. Digesti-Aid disputes the FDA's decision and wants to bring a lawsuit to challenge and stop the FDA's action.

Do the federal courts have jurisdiction to this hear this case? Why or why not?

Reference no: EM1383422

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