Reading just the recent posts it seems we did this a few months ago with trans fats, did we not? I recall bantering with a Randbot idealist bent on insisting he has a Constitutional right to ingest trans fats.
Is that the thrust here?
It's not a Constitutional authority for the Federal government to ban trans fats if that's what you mean.
Of course it is
Why else do we have an FDA?
Where is that authority in the Constitution? Do you know what the 9th and 10th amendments say?
Are you aware of any cases where the FDA was declared unconstitutional due to the 9th or 10th amendment?
Why don't you file one?
They know damn well it's Constitutional. It's why they rely so heavily on propaganda.
Another word you don't know that you should Google as you are already on the internet. Enumerated.
Article II
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;
he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate,
and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Welcome to HHS.
Here is the organizational chart. Note FDA
HHS Organizational Chart HHS.gov
Now, you can have a look at
U.S. Code: Title 21 - FOOD AND DRUGS
U.S. Code Title 21 - FOOD AND DRUGS LII Legal Information Institute
Article 1
Section 8
Clause 3
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;