Scenario 4 - Consumer Protection

Suntan Enterprises (Sun), was a distributor of a product known as Sunless Tanning Tablets. The tablets allowed consumers to achieve a tan without exposure to the sun. When ingested, the tablets gave color to the skin through the use of various ingredients, one of which is thaxanthin, a coloring agent. The Food and Drug Administration (FDA) had not approved the use of thaxanthin as a coloring additive. The FDA became aware that Sun was selling the tablets. The FDA filed a lawsuit, seeking forfeiture of the tablets in the possession of the company. Sun challenged the FDA's right to seize the tablets.

• Explain the arguments for each party and make a ruling as to which party should win supported by applicable law