Coyne Beahm, Inc. v. United States Food & Drug Administration

MEMORANDUM OPINION

OSTEEN, District Judge.

This case comes before the court on Plaintiffs’ Motion for Summary Judgment. 1 In August 1996, the Food and Drug Administration (“FDA”) published in the Federal Register “Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents” (“Regulations”). 61 Fed.Reg. 44,396 (1996). Plaintiffs now seek summary judgment claiming that Congress has withheld the authority to regulate tobacco products as customarily marketed from FDA and that the Federal Food, Drug, and Cosmetic Act (“FDCA” or “Act”) 2…