John S. Tanner, Regulation of Tobacco Products
“ FDA the green light to assert regulatory jurisdiction over tobacco products. The notion of FDA asserting regulatory jurisdiction over tobacco products as drugs runs counter to statutory, regulatory, and agency precedence in this area. For decades, Congress has expressly reserved to itself the authority to regulate tobacco products. As one congressional report made clear: The clear mandate of Congress [is] that the basic regulation of tobacco and tobacco products is governed by legislation dealing with the subject . . . ”
