Nutritional Health Alliance against Food and Drug Administration and Donna Shalala

Consumer Protection Policies
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Consumer Protection Policies
The main parties of the case were the Nutritional Health Alliance who was the plaintiff against the Food and Drug Administration and Donna Shalala, who was in her official capacity as the secretary in the US Department of Health and Human Services (Findlaw, 2018). The main parties, in this case, were the NHA and the FDA. In the case of the FDA, they wanted to maintain the position on the regulations that they had enacted affecting the packaging of iron-containing supplements. On the other hand, the NHA did not want the FDA interfering with their packaging relative to the iron quotient of the products of their members.
The case was filed relative to the fact that FDA had enacted regulations that required the drug and dietary supplement manufacturers to package their products that contained thirty milligrams of more in unit doses (Findlaw, 2018). The NHA filed against the mandate of the FDA implementing such regulations that they felt were overstepping their powers as delegated by the Congress. For the NHA the FDA did not have such powers to implement regulations and that these were simply invalid. The NHA further pointed to the provision made by the Congress in 1972 where the Poison Prevention Packaging Act and subject matter’s jurisdiction were turned over to the Consumer Product Safety Commission through the enactment of the Consumer Product Safety Act.
The FDA through the delegation of mandate from the Congress is supposed to protect the consumers from products that are adulterated in any way (U.S. Food and Drug Administration, 2018). It is the watchdog that ensures that all th...