Did the Food and Drug Administration Legally Prohibit the Sale of All Flavored E-Cigarettes?
The APA’s [Administrative Procedure Act’s] arbitrary-and-capricious standard requires agency action to be “reasonable and reasonably explained.” — Federal Communications Commission v. Prometheus Radio Project (2021). In applying that “deferential” standard, “a court may not substitute its own policy judgment for that of the agency.” The court’s role is instead limited to ensuring that the agency “acted within a zone of reasonableness” and “reasonably explained the decision.”
