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The FDA decides to require all
pharmaceutical companies to immediately implement the tracking bars (UPC) as a
result of the disaster with Robins & Robins. Robins & Robins decides
not to challenge this and begins the process of adding them to all of their
products. However, McFadden, Inc., a NewYork pharmaceutical company, realizes
that this new requirement is going to bankrupt them immediately. McFadden did
not participate in the original public comment period. However, this rule is
different from the rule that went through that public comment period in that it
specifically names four companies as being impacted: Robins & Robins,
McFadden, Inc., Bayer, and Johnson & Johnson. On what bases can McFadden
challenge this requirement imposed by the FDA, and can they be successful?
Provide at least two bases under the Administrative Procedures Act and justify
your answer.
