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Chevron up in smoke? Tobacco at the crossroads of administrative law

Article Abstract:

The US Court of Appeals for the 4th Circuit, in Brown & Williamson Tobacco Corp. v. Food & Drug Administration (FDA), ruled that tobacco products fall outside the FDA's regulatory jurisdiction. The Court erred by disregarding the Supreme Court's ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council. This ruling requires judges to defer to an administrative agency's reasonable interpretation of a statute so long as it does not clearly violate congressional intent.

Author: Fazioli, Joseph A.
Publisher: Harvard Society for Law and Public Policy, Inc.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1999
Cases, Tobacco industry, Administrative law, United States. Food and Drug Administration, Case Note

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The unintended consequences of regulating addictive substances

Article Abstract:

Government control of addictive drugs has produced significant negative consequences. The proper government role in this area should be limited to providing information about such substances' harmful effects.

Author: Gifford, Adam, Jr.
Publisher: Cato Institute
Publication Name: The Cato Journal
Subject: Political science
ISSN: 0273-3072
Year: 1999
Social aspects, Drugs, Laws, regulations and rules, Drug addicts, Drug abusers

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Subjects list: United States
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