98% of FDA Regulations are Illegal

Lawful regulations must be adopted in strict compliance with the Administrative Procedures Act (APA) which starts with someone in the public submitting a Citizens Petition at Regulations.gov asking FDA to consider making a rule. 

The Petition usually has a 90 day comment period. Then the FDA can propose a draft regulation, which also has a comment period. It’s important to comment since you must “exhaust your administrative remedies” if you want to complain (in Court) about the regulation after it’s adopted. Finally the FDA responds to the comments and issues a final regulation.

Here is an example of that process, where we’ve filed a Citizens Petition demanding the suspension of all FDA vaccine drug approvals as violating the 1986 vaccine safety law.

 As my friend and colleague (and “The Dean of the Patriot Lawyers”) Larry Becraft JD always reminds me, nearly all Fed Regulations are illegally adopted. The FDA is no exception. This report from the Pacific Legal Foundation confirms it. And here is the Report showing FDA fails to abide by the law: https://pd.pacificlegal.org/HHSReport Report highlights:

The US Constitution makes lawmakers democratically accountable, yet Americans are subject to thousands of rules that are issued by bureaucrats without democratic accountability. But Who Rules the Rulemakers reviewed 2,952 final rules issued by the Department of Health and Human Services over a 17-year period. The report found that nearly 75% of these rules are unconstitutional because they were issued by low-level officials and employees with no authority to issue rules. The 2,094 unconstitutional rules we found have real consequences for individuals and small businesses. Among the thousands of rules issued without democratic controls by the Food and Drug Administration were 25 rules that each had an impact of $100 million or more. Each of the branches should act to rein in this undemocratic behavior—including striking down illegally issued rules and requiring senior appointees to take responsibility for rules issued by their agencies.