Group Wants FDA to Regulate Only Through Regulations
The New Civil Liberties Alliance (NCLA) says FDA should “cease its ad hoc promulgation of guidance by which it seeks to bind private parties with the force of law…. All externally binding rules must implement statutory instructions and be adopted through notice-and-comment rulemaking.” The group’s petition includes a draft rule that it wants FDA to adopt, saying that through it the agency can “bring its rulemaking practices in to conformity with the Constitution, as well as help its rules withstand court challenges and endure beyond the preferences of the current administration.”
NCLA says its draft rulemaking would prohibit any FDA component from issuing, relying on, or defending improper agency guidance. “This rule would formalize and make more permanent policies and best practices from other agencies concerning any agency guidance that improperly attempts to create rights or obligations binding on persons or entities outside the FDA. As hereby proposed, it also would provide affected parties with a means of redress for improper agency actions.”