Tuesday, August 24, 2010

Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?

The FDA governs food and drug in all the states so that should definitely be a federal matter I would think. What state would have jurisdiction and why that particular state?Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
The FDA is a Federal agency and so any trials would have to be in a Federal Court.Do the federal courts have jurisdiction over the FDA or should the case be tried in state court?
No, they don't. It can't be tried in state court either. It is held in a separate tribunal, which is controlled by the FDA. Congress created the FDA with the power to do this, as well as many other agencies.
i'm almost 100% positive that must be tried in the federal courts since the FDA is a federal institution

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