Legal Opinion
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
Supreme Court of the United States
Decided March 28, 2000No. 98-1152PublishedCited by 1,926 opinions
1Opinion of the CourtJustice O'Connor
case involves one of the most troubling public health problems facing our Nation today: the thousands of premature deaths that occur each year because of tobacco use. In 1996, the Food and Drug Administration (FDA), after having expressly disavowed any such authority since its inception, asserted jurisdiction to regulate tobacco products. See 61 Fed. Reg. 44619-45318. The FDA concluded that nicotine is a “drug” within the meaning of the Food, Drug, and Cosmetic Act (FDCA or Act), 52 Stat. 1040, as amended, 21 U. S. C. § 301 et seq., and that cigarettes and smokeless tobacco are “combination…
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