Congressional Digest

Supreme Court Debates February 2000 No. 2 Vol. 3
Foreword

Federal Control of Tobacco Use

FDA Regulation of Nicotine as a Drug

Foreword

Congress has given the Food and Drug Administration (FDA) the power to ensure the safety and effectiveness of drugs and medicines. To this end, the agency reviews, tests, and establishes requirements for a variety of products, from eyedrops to heart pills, to prevent ineffective or possibly dangerous treatments from being sold. In 1996, the FDA determined that it had the ability to regulate nicotine as a drug and cigarettes as a device that administers nicotine into the human body, similar to the way that an inhaler provides medicine for an asthma sufferer. The agency cited the Food, Drug, and Cosmetic…

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