During three hours of arguments before the fourth district U.S. court of appeals today, the prospect for Food & Drug Administration regulation of tobacco and tobacco advertising took a new twist. Two of the three appellate judges reviewing FDA's bid to regulate tobacco repeatedly questioned attorneys about FDA's contention it has the authority to control tobacco. "We don't have new facts, we have the same old nicotine," said Judge Donald S. Russell, who heads the appeals court panel. The three-judge panel is reviewing a U.S. district court ruling that FDA can regulate the nicotine in tobacco but not the advertising and marketing of tobacco products. An attorney representing seven major advertising, marketing and media organizations urged the appeals court judges to uphold the earlier ruling that FDA lacks authority to control tobacco advertising and marketing.
Copyright August 1997, Crain Communications Inc.