FDA et al. v. Brown and Williamson Tobacco Corp, et al.
Does the Food and Drug Administration have the authority to regulate tobacco products as "drugs" and "devices" under the Food, Drug, and Cosmetic Act?
Public Citizen filed an amicus brief at the district, appellate, and Supreme Court levels of this case. The Supreme Court held that the Food, Drug, and Cosmetic ACt does not give the FDA authority to regulate tobacco products. In 2009, Congress enacted a statute that gives the FDA such authority.