HLTH-4780 Lecture Notes - Lecture 5: Controlled Substances Act, Direct Marketing, National Ambient Air Quality Standards
Document Summary
Administrative law helps determine when public health agencies are acting openly, fairly, Generates communal benefits, promotes health and prevents injury and disease, fulfilling a. Public health advocates see these activities as necessary to securing the public"s health. Although the modern public health agency resides within the executive branch, it not only possesses executive power but may also issue regulations, interpret statutes, and adjudicate disputes. The supreme court, however, declined to give the attorney general any deference. to the precise question at issue. Thus, if congress unambiguously specified its intent, the agency can"t form a different judgment: brown vs. williamson dealt with the fda"s effort to regulate tobacco: specifically, its attempt to prevent the direct marketing of cigarettes to minors. The supreme court found that congress clearly intended to exclude tobacco from the fda"s jurisdiction, and thus the fda"s contrary interpretation was not entitled to deference: in solid waste agency of northern cook county vs.
