Question

Jennifer is a licensed pharmacist who operates a small independent pharmacy. One day, she receives a notice from the Food and Drug Administration (FDA) stating that her pharmacy has been flagged for selling counterfeit medicines. The FDA claims that they received multiple reports from customers who reported adverse effects after using medicines purchased from Jennifer's pharmacy. Jennifer believes that the allegations are false and that there must be a mistake.

Feeling aggrieved by the FDA's action, Jennifer immediately files a complaint in court seeking injunctive relief and damages against the FDA. She argues that the court has jurisdiction over the matter and that there is no need to exhaust administrative remedies because she is not challenging any administrative decision.

Discuss whether Jennifer's argument is legally valid. Explain the concept of primary jurisdiction and the doctrine of exhaustion of administrative remedies. Analyze whether Jennifer should have pursued administrative remedies before resorting to court action.

1. Explain the concept of primary jurisdiction.
2. Discuss the doctrine of exhaustion of administrative remedies.
3. Analyze whether Jennifer should have pursued administrative remedies before resorting to court action.