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Essay / Research Paper Abstract
This 3 page paper provides an overview of the regulatory issues with the tobacco industry. The FDA has struggled for some time with their role in the regulatory control and jurisdiction over the tobacco industry. On March 21, 2000, Justice Sandra Day O’Connor handed down the Supreme Court’s majority opinion regarding this issue. This paper considers the arguments of O'Connor, her dissenters, and the reason that regulatory control has not been determined. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: MH11_MHSmok22.rtf
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Unformatted sample text from the term paper:
Courts majority opinion regarding this issue. While explicitly noting that smoking is problematic and a major health issue for adults, adolescents and children, suggesting a desire for FDA jurisdiction,
the Supreme Court had to follow the existing statutes. The Supreme Court had to determine that the FDA did not, at that time, have jurisdictional control over the tobacco
industry. But criticisms of the lack of federal regulation exist. Though a complete ban on tobacco products has always been unlikely, increased regulatory control has been argued as
a recognizable change. Justice Stephen Breyer, in offering the dissenting opinion, argued instead that the Food, Drug and Cosmetic Act (FDCA) permitted the FDA to assert their jurisdiction in terms
of the disease-prevention relative to regulatory control over the tobacco industry. In fact, it can be argued that even Steve Parrish, senior vice president of external affairs for Philip
Morris, recognized that regulatory control over the industry may be necessary. In fact, Kessler writes: "If you have a product that harms people, kills people, and if many
of those people are addicted to it, although the product is legal, what do you do about it?" (387). What both Kessler and Parrish seem to suggest is that
the legal product that is promoted by the tobacco industry should be better regulated. But understanding the rationale for the further regulation of tobacco and tobacco products requires some
assessment of the existing debates. When justices OConnor and Breyer struggled with their decisions regarding FDA regulatory control for the tobacco industry, they shared a common belief: that regulatory
control is important and necessary for the tobacco industry. Justice OConnor and the supporting justices argued that the FDA did not have congressional approval to place regulatory control for
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