Vending-machine owners sue FDA for business lost after new tobacco regulations.
Jump to full article: Christian Science Monitor, 2000-02-03
Author: Warren Richey / Staff writer of The Christian Science Monitor
Intro: Jeffrey Cassorla says he watched with an acute sense of powerlessness in the mid-1990s as proposed federal tobacco regulations ruined almost overnight what had been his thriving cigarette-vending-machine business. . . Now, five years later, Cassorla and some 525 other vending-business owners are fighting back.
They have filed a series of lawsuits in federal claims court in Washington, arguing that the FDA action amounts to a violation of the Fifth Amendment's prohibition against the government taking private property without paying the owner just compensation. . . If upheld by the courts, the vendors' suit would represent a watershed case in an increasingly contentious area of law involving differing interpretations of the Fifth Amendment's takings clause.
The clause says: "private property (shall not) be taken for public use without just compensation
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Quotes from this article:
[P]rivate property (shall not) be taken for public use without just compensation
A strict or loose interpretation of the Fifth Amendment's "takings" clause is at the center of a lawsuit over the FDA's teen access regulations by vending machine operators. Quoted in Richey, W. <i>It's vendors' turn to try to get money back</i>
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