>Many of the environmental statutes that govern EPA actions contain provisions that allow citizens to sue EPA when EPA fails to perform an act or duty required by the statue.
Right now there's a few lawsuits against the FDA to try to prevent them from regulating e-cigs.
I'll admit my examples were poor, but both of those you cited are apples to oranges comparisons.
First, the lawsuits against the FDA are for over extending their regulatory reach, not for incorrectly asserting the qualities of a product.
The note on the EPA is likewise allowing suits when it fails to act, not when it causes harm by acting. Even the Navajo lawsuit over the golden kings mine incident is based on years of neglectful oversight. The gold king mine corporation and some contractors are being named in the lawsuit for the actual damages.
Edit: for what it's worth, I'm not personally in favor of ending ALL regulation in favor of creating a market for ratings companies; there are plenty of places in the economy where it wouldn't work as well as others. I'm merely playing devil's advocate, since the question was asked. The best places for this sort of thinking are really limited to consumer goods, if that.
https://www.epa.gov/noi
>Many of the environmental statutes that govern EPA actions contain provisions that allow citizens to sue EPA when EPA fails to perform an act or duty required by the statue.
Right now there's a few lawsuits against the FDA to try to prevent them from regulating e-cigs.