Study up on civics and regulatory law.

The FDA is empowered by Congress to regulate items that fall under their purview, including banning or restricting access to items, without direct Congressional approval. But since the FDA falls under legislative purview and funding, Congress can intervene on FDA actions. This is the reason behind HR2058: getting the FDA to modify the deeming date. And the deeming regs are sitting in the offices of the OMB to make sure that the government has the means to enact enforcement of the regulations the FDA is proposing. There are checks and balances in place; the FDA is not an all-powerful entity they are made out to be sometimes. But they tend to have things go their way more often than not.