Congress declined to mandate an equivalent standard for FDA approval of health claims on dietary supplements. Petitioners believe that this regulation unconstitutionally restricts their First Amendment rights. To assert this claim, they filed a petition for review directly with this court. Petitioners' arguments in support of our jurisdiction in spite of what appears to us to be a clear rule are unavailing. As courts have noted in the past, the statutory authority claimed by an agency will determine which courts have jurisdiction to review its actions.
Petitioners misunderstand the concept of ancillary jurisdiction.
As a court of appeals, we have only such jurisdiction as Congress confers on us. Here, none has been conferred. Accordingly, we direct that the petition be transferred to the United States District Court for the District of Columbia.