Citizens for Clean Air and Clean Lungs

Supreme Court Decides To Hear FDA Appeal
The US Supreme Court agreed today to hear arguments on whether the Food and Drug Administration (FDA) has the authority to regulate tobacco products.

A lower court had ruled last August that the FDA lacked the authority to regulate tobacco products. Arguments will likely be heard in the fall.

U.S. Solicitor General Seth Waxman argued that the Supreme Court should take the case, "The question presented in this case is of urgent public importance. The court of appeals was simply wrong... Unless reversed by this court, the panel's ruling will deprive the public of an unparalleled opportunity to prevent millions of children from beginning a highly addictive habit that often leads to premature death."

Richard Cooper, a Williams and Connolly lawyer who represents RJ Reynolds, said, "There is no reason to grant the writ. The decision of the court of appeals is correct."

Source(s):
USA TODAY, (4/26/99) "Tobacco Industry Takes On FDA", Wendy Koch, p. A13.
WASHINGTON TIMES (on-line), (4/25/99) "High Court Puffing Over Laststand Plea On Tobacco Rules", Frank Murray.
WALL STREET JOURNAL, (4/26/99) "Options Traders Bet High Court Will Decide Against Reviewing Tobacco Ruling On FDA", Steven Sears, p. C24.

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