Legal Ethics Assignment Essay Example for Free

Legal Ethics Assignment Essay1. Food and Drug Administration. This agency and proposed ordination interests me because since it is something that has become popular in the recent years and that it affects many people in the united states and in the world today. Yes, many people in the manoeuvre industry smoke on a regular basics. It will not affect the business directly just the workers in the industry. 2. The proposal is a good will 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(prenominal) basic terms it is trying to get tobacco dependent treatments or mechanisms, such as electronic cigarettes, a chance to be officially canonical by the FDA.3. Six months after most people purchased e-cigarettes, 31% of these smokers said theyd quit cigarettes and two- ordinals of them said th eyd cut back on the number of cigarettes they smoked. A third of those whod quit smoking also quit using e-cigarettes. But E-cigarettes have not been tested for efficacy and safety. Additionally, they are produced overseas with little oversight to train good manufacturing practices. To regulate this product identified chemicals and quantities that is used in this product, release pros and cons for this product, and put a warning label on the product about the luck of addiction to nicotine. I wish to accomplish in my comment was to help the FDA is that in that respect is pros in the use of E-cigarettes. Also, that the use of E-cigarettes is a lower and healthier venture 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 found on provided proposed regulation during the frequent comment period. Anyone who wishes to challenge th e 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 take input on the proposals and consider additional deduction 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) impregnable Evidence Test. Basis for challenging the action 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 regulatory process, and the res ulting rules, to be valid. 4) Constitutional challenge. The regulation is unconstitutional. Dealing with regulations giving an agency authority to search records, or impose discriminatory requirements for licensing professionals.5) Ultra Vires. Action taken beyond the kitchen stove of authority with federal agencies, action taken that is beyond the congressional authority given in the enabling statute. c. From five legal 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 real cigarettes do. Because electronic cigarettes contain antithetic chemical other than liquid nicotine, there is enough research to prove that other chemical will not affect peoples health, mean electronic cigarettes are still a healthy alternative of cigarettes. Also, companies that man ufacture electronic cigarettes claim their products do not contain carcinogens or tar or produce secondhand smoke, should be the first concern of making this regulation.