Earlier quoted context omitted.
One must first outline what “beef” is before you can assign fraud. Outlining what makes something “beef” is textbook regulation.
In the common law system it would be up to a judge to make an estimation if such a question should happen. This is how common law operated for a long time. This allows judgment on a case by case bases where the judge can react to changing circumstances. It has many advantages compared to a system where the government to literally pre-define every single thing in the economy and create specific regulation and test pro…
Acting like the world of judicial regulation (which takes years and lots of money to see through) was somehow better seems like rose-colored glasses. Whether the FDA’s scope should be adjusted is a different discussion.