US: Federal Court’s Controversial Ruling

In a landmark ruling for the US tobacco industry, federal judge William Osteen at Greensboro court in North Carolina has ruled that the US Food and Drug Administration (FDA) has the right to regulate sales and labelling of cigarettes, but has no authority over the advertising of cigarettes and tobacco products. The ruling has been seen by the tobacco industry as a major blow, as it extends the FDA’s authority into an area of personal choice, and will be used by anti-smoking lobbyists in their campaign against tobacco companies. However, many media reactions have overlooked an important aspect of the ruling, which is that the FDA is denied jurisdiction over the advertising of cigarettes. The FDA has yet to establish in the courts that a cigarette is a “drug-delivery device”. President Clinton said that the part of the ruling denying the FDA power over tobacco advertising would be appealed.