About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

43 Wayne L. Rev. 1533 (1996-1997)
Smoke and Mirrors - An Analysis of the Food and Drug Administration's Jurisdiction over Tobacco

handle is hein.journals/waynlr43 and id is 1545 raw text is: SMOKE AND MIRRORS? AN ANALYSIS OF THE FOOD AND DRUG ADMINISTRATION'S JURISDICTION OVER TOBACCO I. INTRODUCTION After a long history of freedom from extensive regulation, the tobacco industry is on the verge of a new era. In August 1995, the Food and Drug Administration (FDA) issued proposed regulations targeted at the sale and promotion of tobacco products.1 Although the action was widely hailed as a necessary measure to combat the epidemic of teen smoking,2 the tobacco industry went on the offensive, challenging both the content of the new regulations3 and the FDA's authority to promulgate them.' The final regulations 1. See Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products to Protect Children and-Adolescents, 60 Fed. Reg. 41,314 (1995) (to be codified at 21 C.F.R. pts. 801, 803, 804, 897) (proposed Aug. 11, 1995). 2. See id at 41,322.The FDA's stated purpose in the proposed regulations was to help prevent persons younger than eighteen years of age from becoming addicted to nicotine, thereby avoiding the life-threatening consequences often associated with tobacco use. Id 3. This Note focuses on the issue of the FDA's jurisdiction over tobacco and whether the new regulations are an appropriate regulatory scheme. The other challenge to the new regulations is the claim that they violate the First Amendment because they unnecessarily restrict commercial speech. American Advertising Federation v. Kessler, Civil Action 2:95CV00593 (M.D.N.C.). This lawsuit was consolidated with the Coyne Beabm case. See Coyne v. Beahm, Inc. v. FDA, 966 F. Supp. 1374, 1400 n.32, 33 (M.D.N.C. 1997). 4. The lawsuit the industry collectively filed in Federal District Court in North Carolina against the FDA is Coyne Beahm, Inc., Brown & Williamson Tobacco Corp., Liggett Group Inc., Lorillard Tobacco Co., Philip Morris Inc., and R.J. Reynolds Tobacco Co. v. United States Food & Drug Administration and David A. Kessler, M.D., Comm'r of FDA, 966 F. Supp. 1374 (M.D.N.C. 1997). In April 1997 Judge Osteen rendered a decision in the Coyne Beabm case on the plaintiff's motion for summary judgement. Judge Osteen denied the motion as to the claim that the FDA did not have jurisdiction to regulate tobacco products. See id. at 1396-97. However, the court granted plaintiff's 1533

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most