FDA V. BROWN & WILLIAMSON TOBACCO CORP.
529 U.S. 120 (2000)
NATURE OF THE CASE: This was a dispute over an administrative agency’s construction of a
statute and Congressional intent.
FACTS: The FDA issued a rule to prevent marketing of tobacco products to young people.
The FDA claimed this authority because it had determined that nicotine was a drug and
cigarettes were drug delivery devices under the Food, Drug, and Cosmetic Act (FDCA). The Act
defined a drug to be any articles other than food intended to affect the structure or
function of the body and device as an instrument, apparatus, implement, machine, contrivance
that was intended to affect the structure of any function of the body. The tobacco industry
disagreed and claimed that the Act precluded an interpretation that it authorized the FDA to
regulate tobacco products. The court of appeals agreed with the tobacco companies.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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