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Week 2 Assgn

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Submitted By mwigfall2
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1. U.S. Department of Health & Human Services- I am overweight so this interests me and will impact me with the new labeling requirements.

This will help me to make better choices when I am going out to eat. I will be able to look at nutritional information before deciding what I want to eat. This way I can eat healthy even when I go out to a restaurant and watch the calories. This is a great idea. 2. The proposal ensures that the consumers will have more nutritional information listed on menus and displays in fast food restaurants.
3. I would like to inform you that I am all for your proposed regulation docket number FDA-2011-F-0172. I think that this is a great idea and believe that by adding this feature to the menu it will help many Americans become conscious of nutritious foods. By labeling the menus, it gives people a way to think about what they are about to eat by looking at the calories. When one notices that a burger is 460 as opposed to another burger at 165 calories they may rethink the 460 calorie burger. This is a great idea and I hope that this happens. Please consider this proposal because it may be a start to a healthier America.

4. This expires on 6/6/2011
5. A) Once you have submitted your comment you will be legally entitled to challenge the validity of the rule in court, if you choose to do so.
B)If the proposal passes there are five legal theories that could be used to attempt to challenge the proposal. They are:
1. It is arbitrary, capricious; an abuse of discretion, or in the violation of some other law.
2. The regulation is unsupported by substantial evidence.
3. The rule that a regulation can be set aside if an agency did not comply with APA requirements of the notice, publication or public comment of the input.
4. The regulation is unconstitutional.
5. Ultra Vires goes beyond the authority given to the agency in its enabling act.
C) If I wanted to have the regulation overturned I would declare that the rule was unconstitutional. This rule would violate

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