Tobacco's road is smooth: FDA regs face legal fight; calling cigarettes 'drug delivery devices' is just blowing smoke, say tobacco lawyers. The new rules are vulnerable

Article Abstract:

Tobacco lawyers, First Amendment and regulatory experts say the Food and Drug Administration's (FDA) proposed tobacco regulations are flawed. The FDA restrictions hope to limit youth access to cigarettes and cigarette advertising. Bans include vending machine sales of cigarettes and tobacco billboards near schools and playgrounds. Publications with a more than 15% youth readership also have a limitation on ads. About the same time the FDA regulations came out, a tenatative global legislative solution to the cigarette problem appeared. A description of this solution is given.

Smoking

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FDA draws first in tobacco wars; agency uses obscure section of 1976 law to declare cigarettes are 'medical devices.' (Food and Drug Administration)

Article Abstract:

The Food and Drug Administration (FDA) has launched an assault on the tobacco companies by classifying cigarettes as restricted medical devices, and regulating their advertising and sale. Billed as an effort to keep cigarettes out of childrens' hands, the move could presage an effort by lobbyists or the agency itself to label nicotine a drug and ban all cigarettes. Cigarette makers and advertisers have filed suit, saying the FDA has no authority to regulate cigarettes. The FDA has never successfully used this legal claim.

Regulation of Agricultural Marketing and Commodities, Food & Drug Administration, Regulation of agricultural marketing, Tobacco industry

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Tobacco firm sues on data: company accuses lawyers of stealing documents

Article Abstract:

Brown and Williamson Tobacco Corp is suing former paralegal Merrell Williams and 10 unnamed parties for conspiracy to steal and disseminate company documents. Attorneys for Williams say he took the documents while employed on the company's products liability defense team between 1988 and 1992 and returned large numbers in 1993. Brown is also suing two congressmen and seven news organizations in its attempt to get back allegedly stolen documents.

Cases, Brown & Williamson Tobacco Corp., Business records

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