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It would depend on what you want to sue them for. If there was a product which had damaged you despite being "FDA approved", you end up suing the company which produced the harmful substance because to gain FDA approval, the company must send in their own research (like the result from animal and human clinical tests using their product). Thus if they send in false information about their product, and it gains FDA approval, but ends up being extremely detrimental to your health, it is the fault of the company for submitting false information to the FDA. However, there was a case where the FDA was sued for failing to regulate Bisphenol-A (which was pretty much found in everything but was extremely bad for the human body, especially children). Anyways to answer your question as to whether or not you can sue the FDA, the answer is that while possible, it would be highly difficult thanks to Sovereign Immunity, which means the government entity can't be sued unless the government gives permission for you to do so.
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∙ 11y ago
Lesha Jett
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