The FDA Sends Smoke Signals to Big Tobacco: Will the FDA Suffer Backlash, Will Alcohol Be Regulated Next, and Will the Health of Americans Prevail?

Abstract

This Comment discusses the FDA's ruling, its criticisms and impact, as well as the politics involved. More specifically, Part I describes the purpose and function of the FDA, the FDA's reasons for deciding to regulate tobacco, and the FDA's assertion of jurisdiction over tobacco. Part II analyzes the litigation opposing the FDA ruling, as well as the impact of the ruling on the tobacco industry and society as a whole. Part III explores the politics intertwined with the ruling, the contemporaneous FDA reform legislation spawned in Congress, and the proposed settlement between the state attorney generals and the tobacco companies. Part IV sets forth the implications of the FDA ruling for other industries, focusing particularly on the alcohol industry. This Comment concludes by discussing the likelihood that the ruling will be implemented as written and whether implementation of the ruling is socially desirable.