FDA v Brown & Williamson Tobacco Corp PDF

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FDA v Brown & Williamson Tobacco Corp Facts ● The FDA claimed authority over tobacco products in 1996 and began regulating the promotion, labeling, and marketing of tobacco products to young people. ● Several tobacco manufacturers and advertisers filed suit against the FDA, challenging their authority. Procedural History ● The US District Court of North Carolina concluded the FDA had the authority to regulate tobacco products. ● However, their advertising regarding restrictions exceeds their authority. ● The Court of Appeals for the Fourth Circuit reversed this decision, deciding that Congress did not grant the FDA this authority. Issue: ● Did the FDA have the authority to regulate tobacco products? Analysis ● When looking at the legislation, Congress did not intend to include tobacco products as part of the FDA authority to regulate. Holding: ● Affirmed that the FDA did not have the authority to regulate tobacco products....