The Food & Drug Administration has suffered another blow in its fight to regulate tobacco advertising. The full U.S. Circuit Court of Appeals for the Fourth Circuit, Richmond, Va., voted 6 to 3 against rehearing FDA arguments that it has authority to regulate tobacco and tobacco advertising. Four judges abstained. The decision was released late Nov. 10. A three-judge panel of the court earlier had ruled 2 to 1 that FDA lacked such authority. With most government offices closed for the Veterans Day holiday, there was no immediate reaction from FDA. The Clinton administration is expected to appeal the case to the Supreme Court and it may also ask the Republican-controlled Congress to grant FDA authority over tobacco through legislation.
Copyright November 1998, Crain Communications Inc.