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Administrative Law Keyed to Aman
Food and Drug Administration v. Brown & Williamson Tobacco Corp.
Citation:
529 U.S. 120, 120 S.Ct. 1291, 146 L.Ed.2d 121 (2000)Facts
In 1996, the FDA reversed its long-held position and determined that it had jurisdiction to regulate tobacco products under the FDCA. The FDA concluded that nicotine is a “drug” and cigarettes are “drug delivery devices” because nicotine affects the structure and function of the body, and these effects are “intended” by manufacturers. Based on this jurisdiction, the FDA issued regulations restricting the sale and distribution of cigarettes and smokeless tobacco to minors, limiting advertising and promotional activities, and requiring specific labeling. The FDA found that tobacco use is the leading cause of preventable death in the United States, causing more than 400,000 deaths annually, and that most tobacco users begin before age 18. The FDA determined that reducing youth access to tobacco products would substantially reduce addiction and tobacco-related illness and death in future generations.
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