Administrative Law Keyed to Lawson
Food and Drug Admin. v. Brown & Williamson Tobacco Corp
The FDA determined that it had authority to regulate tobacco products as falling within the category of “restrictive devices” under the Act. It promulgated regulations concerned tobacco promotion, labeling and marketing to children and adolescents. Respondents filed suit, challenging the FDA’s authority over tobacco products under the Act. The United States District Court for the Middle District of North Carolina held that the Act authorized the FDA to regulate tobacco products as customarily marketed, and that its accessing and labeling regulations were permissible, but that agency’s advertising and promotion restrictions exceeded its authority under Section:360(e). The Court of Appeals for the Fourth Circuit reversed, holding that Congress did not grant the FDA jurisdiction to regulate tobacco products.
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