The Third U.S. Circuit Court of Appeals has again thrown out the Federal Communications Commission’s $550,000 fine against CBS Corp. for televising Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show. The panel said nothing about the U.S. Supreme Court’s ruling in the indecency case of FCC v. Fox Television Studios changed its initial analysis that the fining was done done without sufficient notice that the FCC was changing its policy to allow for sanctions for fleeting expletives or indecent images. But the author of that first opinion — Judge Anthony Scirica — now dissents, saying the Fox decision requires the Third Circuit to revise its previous holding that the FCC violated the Administrative Procedure Act by arbitrarily and capriciously changing its policy.

http://www.youtube.com/watch?v=jd4tugPM83c

According to a new report published  in Forbes magazine, the FDA has taken a much more aggressive posture since Pres. Obama came into office. According to Forbes,Thomas Abrams, who heads up the FDA division that oversees drug marketing, freely admits it. His group sent 41 enforcement letters in 2009, up from just 21 the year before. And so far this year–just the month of January–it has dispatched another nine, with plans to continue that pace through 2010.”We’re trying to get the point across to industry that we want them to comply with the law because it affects public health,” Abrams says in an interview with Reuters. “If you don’t comply with the law, we are going to take action. We are not going to tolerate having consumers or healthcare professionals misled.”

It’s not unexpected, considering that FDA Commissioner Margaret Hamburg has pledged to increase the agency’s enforcement presence. And she’s promised to streamline processes that slowed down regulatory action. That streamlining has already had an effect at DDMAC, Abrams said; his division has changed its procedures so that warning letters go out more quickly. “We are inspired by Dr. Hamburg’s enforcement initiative and have taken it to heart,” he told the news service. “I personally am thrilled with it.”

This updated surveillance  is good news for the consumer.