FDA Regulation of Tobacco Products: A Policy and Legal Analysis

[摘要] This report examines the legislative debate over giving FDA the authority toregulate tobacco products and provides some analysis of S. 2461/H.R. 4433. Itbegins with an overview of the FDA’s 1996 tobacco rule that includes a summary ofthe agency’s arguments for asserting jurisdiction over tobacco products. That isfollowed by an analysis of the U.S. Supreme Court decision in FDA v. Brown &Williamson, which overturned the FDA tobacco rule. The report then reviews the1997 proposed national tobacco settlement, which would have codified the FDA ruleand given the agency explicit authority to regulate tobacco products as medicaldevices. It includes a discussion of the FDA provisions in the McCain tobacco bill, which was introduced and debated in the 105th Congress in an attemptto implement the proposed settlement. The final section of the report summarizes theprovisions in S. 2461/H.R. 4433 and discusses some of the key issues,including preemption and the regulation of reduced-risk products.

[发布日期] 2004-12-03 [发布机构] Library of Congress. Congressional Research Service.

[关键词] Agriculture;Tobacco industry - Law and legislation;Tobacco - Government regulation;Business;Economic policy