IN RE REIDT

U.S. | 1999-04-26
No. 98-7904
526 U.S. 1086 Supreme Court of the United States (1999) Positive Treatment
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  • …t the agency, the Court of Appeals did not address whether the regulations exceed the FDA’s authority under 21 U. S. C. §360j(e) or violate the First Amendment. See 153 F. 3d, at 176, n. 29. We granted the federal parties’ petition for certiorari, 526 U. S. 1086 (1999), to determine whether the FDA has authority under the FDCA to regulate tobacco products as customarily marketed. II The FDA’s assertion of jurisdiction to regulate tobacco products is founded on its conclusions that nicotine is a “drug” and…

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