Hiding behind agency discretion: the Food and Drug Administration's personal use drug importation policy.

From: Cornell Journal of Law and Public Policy | Date: January 1, 2000| Author: | Copyright information

INTRODUCTION

Seatbelts are mandatory, parents are forced to vaccinate their children, and infectious people are quarantined: the law will curtail even the most basic of human rights when the exercise of those rights poses a threat to the public health.(1) Although less obvious, the Food and Drug Administration (FDA or Agency) limits individual freedom in its mission to protect public health.(2) While most agree that some constraints on individual liberty are justified by FDA's role in serving the public at large, the appropriate balance between the individual and public good ...

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