Food and Drug Administration (FDA), et al.
Petitioners
Seth P. Waxman, Solicitor GeneralOn August 28, 1996, the Food and Drug Administration, an agency under the Department of Health and Human Services, ruled that nicotine is a drug and that cigarettes can be regulated under provisions of the Food, Drug, and Cosmetic Act. Shortly thereafter, a group headed by Brown & Williamson and other major tobacco companies filed suit against the FDA and Jane E. Henney, the agency’s Comissioner, alleging that its decision was not in keeping with the letter of the Act and congressional intent. After winning in district court, the FDA lost in the Fourth Circuit U.S….
