FDA Lacks Power to Regulate Tobacco: 4th Circuit

On August 14, 1998, the Fourth Circuit Court of Appeals ruled that Congress did not intend to give the U.S. Food and Drug Administration (FDA) the regulatory authority to regulate tobacco. In a surprise 2-1 decision the Appeals Court tossed out a 1997 lower court ruling that gave FDA the power to regulate tobacco. "The FDA has exceeded the authority granted to it by Congress,". So said Circuit Judge H. Emory Widener Jr., on behalf of the three-member panel.

The ruling is a major win for the tobacco industry and casts doubt over future efforts to regulate tobacco. Nevertheless, the Clinton administration is still "fully committed to the FDA's regulatory role" over the tobacco industry. So said White House Press Secretary Mike McCurry. "Reaffirming the Food and Drug Administration's authority over tobacco products is necessary to help stop young people from smoking," McCurry said in his afternoon press briefing.

The Department of Justice said it will appeal the ruling and seek a rehearing.

We are reproducing the full-text of this landmark ruling because of its impact on FDA's power to regulate the advertising of tobacco products. To read this important decision, click here now.