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Tobacco Regulation: FDA vs. Brown & Williamson [Item undated] 

U.S. Supreme Court Case #: 98-1152
Argument date: December 1, 1999.
Decision date: March 21, 2000.
BACKGROUND:

In response to petitions from anti-smoking advocates, the Food and Drug Administration began to analyze, in the mid-1990’s, whether it could issue rules regulating tobacco products. The agency’s general regulatory authority comes from the Federal Food, Drug, and Cosmetic Act, which allows regulation of “drugs” and “devices” to protect public health. Under the act, drugs are defined as articles “intended to affect the structure or any function of the body.”

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