Federal law makes it illegal... its held up to challenged for decades and Federal law always supersedes lower laws when they are on the books... And there is no constitutional right to it specifically enumerated. Therefor one is not presumed to exist.
Well good luck with your argument, its not going to go far, its failed every time its been tried... the EPA doesn't even answer to hardly anyone at all. The FDA actually does at least. But the FDA doesn't make laws. The legislative branch does. Don't confuse rules with laws. (though in some cases they ARE easy to confuse)