COURT RULES FDA CANNOT REGULATE TOBACCO ITEMS

Q What has happened in regard to FDA regulation of tobacco products? Penny
and Paul Murray Sunnyvale

A A federal appeals court panel ruled Aug. 14 that the Food and Drug
Administration has no authority to regulate cigarettes, a major blow to the
Clinton administration's attempts to curb youth smoking. The panel of the
4th U.S. Circuit Court of Appeals voted 2-1 to reverse a lower-court ruling
that had upheld the FDA's attempt to gain jurisdiction over tobacco products.

The panel ruled that the agency could not assert jurisdiction that Congress
had never granted it. Because the full appellate court refused to
intervene, the Clinton administration intends to appeal to the Supreme
Court, an FDA official said. The deadline is mid-February.

Checked-by: Pat Dolan