So sue them. There are legal precedents dating back to 1911 supporting the 1906 food and drug act as constitutional under the Commerce clause (Hipolite Egg Company v. U.S).
But you're smarter than they are so sue them. Boogieman vs the Supreme court. I'm sure they will quickly see the wisdom of your constitutional scholarship.
Just so you know. If you win, I'd support a Federal Amendment to the Constitution giving them specific authority to regulate food and drugs.
“There are legal precedents dating back to 1911 supporting the 1906 food and drug act as constitutional under the Commerce clause (Hipolite Egg Company v. U.S).”
Kind of like the legal precedents dating back to 1973 granting the Feds the right to regulate abortions, eh?