Food And Drug Administration V Brown & Williamson

Good Essays

Food & Drug Administration v. Brown & Williamson
529 U.S. 120 (2000)

Parties: 1) Petitioner- Food & Drug Administration 2) Respondent- Brown & Williamson Tobacco Corporation

Facts: The Food and Drug Administration issued a rule in 1996 that prohibited the tobacco products labeling, promotion, and availability to young people (children and adolescents). The FDA claimed that as per Food, Drug, and Cosmetic Act (FDCA), it had authority to regulate tobacco products because nicotine is a drug and devices such as cigarettes and smokeless tobacco deliver nicotine to the body. Brown & Williamson Tobacco Corporation sued challenging the FDA regulations over tobacco product under the Food, Drug, and Cosmetic Act. They claimed that history of the Act did not allow the FDA to regulate the tobacco products. The United States District Court ruled that the Food, Drug & Cosmetic Act allowed the FDA to regulate tobacco product as a device, but under section 360 (e) the agency had overstepped its authority to promote and advertise tobacco products. The Court of Appeals for the fourth circuit reversed the decision of District Court, holding that FDA had no jurisdiction to regulate tobacco products. Because, the description of tobacco (as a device) was imperfect and the agency could not verify that the impact of tobacco products on the body was intended under the act.

Procedural History: In August 1996, after issuance of final rule, the Brown & Williamson sued. They

Get Access