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Previous Volume 361:402-403 July 23, 2009 Number 4 Next

	Since this article has no abstract, we have provided an extract of the first 100 words of the full text and any section headings.

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More than a decade ago, David Kessler, then Commissioner of the Food and Drug Administration (FDA), launched a bold initiative to regulate tobacco. He believed that since nicotine is an addictive substance, it fell under the statutory authority of the FDA to regulate it as a drug and cigarettes as the delivery vehicle.

His effort failed, however, when the U.S. Supreme Court decided in a 5-to-4 ruling (FDA v. Brown & Williamson Tobacco Corp.) that the Food, Drug, and Cosmetic Act of 1938, which defined the FDA's authority, did not grant the agency jurisdiction to regulate tobacco. Writing . . . [Full Text of this Article]

Source Information

This article (10.1056/NEJMe0905622) was published on June 22, 2009, at NEJM.org.

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