Lower Court Holding
Decision of the Fourth Circuit U.S. Court of Appeals
On August 28, 1996, the Food and Drug Administration (FDA) published a final rule titled "Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents." In general, this rule set out regulations restricting the sale and distribution of cigarettes and smokeless tobacco to minors and limiting the advertising and promotion of tobacco products. Plaintiffs (cigarette and smokeless tobacco manufacturers, convenience store retailers, and advertisers) filed these consolidated actions in Federal district court, challenging the FDA’s jurisdiction over tobacco products and seeking declaratory and injunctive relief.Based on our review of the record and the relevant…
