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Supreme Court: Food and Drug Administration Has No Authority to Regulate Tobacco-Food & Drug Admin. v. Brown & Williamson Tobacco Corp. 1-The Supreme Court of the United States held that Congress has not granted the Food and Drug Administration (FDA) the authority to regulate tobacco products as customarily marketed.2

In 1996, the FDA concluded that under The Food, Drug, and Cosmetic Act (FDCA), nicotine is a "drug" and cigarettes and smokeless tobacco are "devices" that deliver nicotine to the body. Under the FDCA, the FDA has the authority to regulate items classified as "drugs" or "devices." Pursuant to this authority, the FDA promulgated regulations governing tobacco …