Case Study: The FDA's authority to regulate tobacco use
On April 27, 1999, the New York Times reported that the Supreme Court agreed to hear an appeal by the Clinton Administration of a 2-1 ruling in August of 1998 by the U.S. Court of Appeals for the 4th Circuit. In that decision, the Court of Appeals ruled that Congress had not given the Food and Drug Administration the authority to regulate tobacco products. Recently the Supreme Court issued its decision.
After reading the New York Times article mentioned below to learn
more about this case, answer the following questions:
1) Why doesn't Congress simply clarify in its laws concerning the FDA
that the FDA now has authority to regulate tobacco products?
2) Do you agree with the Court of Appeals decision, or would you overturn
it were you a Justice on the Supreme Court?
3) Is regulation of tobacco use and advertising properly a matter for
the federal government or for states? Are states likely to regulate effectively?
4) What did the Supreme Court rule?
You can read the New York Times article by accessing Lexis-Nexis on a computer in the FAU domain, click news/general news/More Options/select "Author", type Linda Greenhouse (the author of the article), and under date, type April 27, 1999 to April 27, 1999.
You needn't read the Court of Appeals decision, but you might wish to skim it: Brown and Williamson Tobacco Corp v. FDA (1998): go to the Lexis-Nexis website on a computer in the FAU domain. Click legal research/get a case/ select citation and type153 F. 3d. 155. To find the Supreme Court's ruling, type in the citation 529 U.S. 120.
To get an appreciation of the relation between state legislatures and
both pro and anti- tobacco interests, read the Palm Beach Post article
on Florida's effort to produce anti-smoking advertising targetted at children
by going to Lexis-Nexis
on a computer in the FAU domain. Click News/U.S. News/More Options/Select
Florida as state/select "Author", type Klas (the author), and for the date,
type March 21, 1999 to March 21, 1999.