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FDA v. Brown & Williamson Tobacco Corp.

Docket No.: 98-1152
Argued: December 1, 1999
Decided: March 21, 2000

Topics:

Federal Food, Drug, and Cosmetic, and related statutes, Economic Activity, First Amendment, Motor Carrier Act, Natural Resources, pre-emption clause, preemption

Petitioner: FDA
Respondent: Brown & Williamson Tobacco Corp.

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Citation: 153 F.3d 155
Lower Court Decision
Supreme Court Docket


529 U.S. 120 (2000)
Question:

Does the Food and Drug Administration have the authority to regulate tobacco products as "drugs" and "devices" under the Food, Drug, and Cosmetic Act?

FDA v. Brown & Williamson Tobacco Corp.
ORAL ARGUMENT

December 01, 1999

Holding: affirmed
Decision: Decision: 5 votes for Brown & Williamson Tobacco Corp., 4 vote(s) against

FDA v. Brown & Williamson Tobacco Corp.
Case Documents

1Opinion in FDA v. Brown & Williamson Tobacco Corp.
2Opinion in FDA v. Brown & Williamson Tobacco Corp.
Additional documents for this case are pending review.