Nature of the Case
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Facts
The FDA issued a rule to prevent marketing of tobacco products to young people. The FDA claimed this authority because it had determined that nicotine was a drug and cigarettes were drug delivery devices under the Food, Drug, and Cosmetic Act (FDCA). The Act defined a drug to be any articles other than food intended to affect the structure or function of the body and device as an instrument, apparatus, implement, machine, contrivance that was intended to affect the structure of any function of the body. The tobacco industry disagreed and claimed that the Act precluded an interpretation that it authorized the FDA to regulate tobacco products. The court of appeals agreed with the tobacco companies.
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