It is well established that our ancestors and forefathers had the right to take herbs for whatever ailed them and for what did not ail them. The 9th amendment guarantees this right and all other unspecified rights such as privacy. All that is needed is a good lawyer and a few $million to take it to the supreme court.
While congress has the right to regulate all commercial ventures (throught the FDA, etc), it may not deprive the citizens of their rights during the implimentation of these regulations.