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Brown & Williamson
Before offering your thoughts on this topic, please read about FDA v. Brown & Williamson and "The 'Why' of Tobacco Products Regulation" and "Pre-family Smoking Prevention Act" on line. Also breifly read the attached summary of the Tobacco Control Act-
The Food, Drug, and Cosmetic Act gives the Food and Drug Administration power to regulate drugs and drug-related devices. Starting in 1996, the Administration labeled nicotine a drug and cigarettes a device used to deliver nicotine, and issued regulations governing their format and marketing. Explain why FDA used the argument that nicotine was a drug and cigarettes a device to support its regulations. Pick one of the reasons Justice O'Connor used to defend her decision not to support FDA's arguments, and outline why you agree or disagree with her reasoning. Describe why this case demonstrates checks and balances in government at work.
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