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. Unlike many complex regulatory schemes, the FDCA does not provide for a single, uniform procedure for judicial review. 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. James S. Turner was on the brief for petitioners. Assistant Attorney General Frank W. Hunger and Barbara C. Biddle, Assistant Director, Susan L. Strawn, and Gerald C. Kell, Attorneys, U.S. Department of Justice, were on the brief for respondents.