FOOD AND DRUG ADMINISTRATION;
JUVENILE;
LAW;
MARKETING;
PRIORITY JOURNAL;
REVIEW;
SMOKELESS TOBACCO;
SMOKING;
TOBACCO;
ADOLESCENT;
ADVERTISING;
CHILD;
COMMERCE;
HUMANS;
NICOTINE;
PLANTS, TOXIC;
PUBLIC HEALTH;
SMOKING;
SUBSTANCE-RELATED DISORDERS;
TOBACCO, SMOKELESS;
UNITED STATES;
UNITED STATES FOOD AND DRUG ADMINISTRATION;
United States v. 46 Cartons, More or Less, Containing Fairfax Cigarettes, 113 F. Supp. 336 (D.N.J. 1953) (cigarette a drug when marketed to mitigate, prevent, or cure disease). See also United States v. 354 Bulk Cartons, 178 F. Supp. 847 (D.N.J. 1959) (cigarette a drug when marketed as effective for weight reduction)
United States v. 46 Cartons, More or Less, Containing Fairfax Cigarettes, 113 F. Supp. 336 (D.N.J. 1953) (cigarette a drug when marketed to mitigate, prevent, or cure disease). See also United States v. 354 Bulk Cartons, 178 F. Supp. 847 (D.N.J. 1959) (cigarette a drug when marketed as effective for weight reduction).
2
84865664325
21 C.F.R. § 201.128 (drugs), § 801.4 (devices)
21 C.F.R. § 201.128 (drugs), § 801.4 (devices).
3
15844420964
Oct 18;Sect A: col 6
See also Wall Street Journal 1995 Oct 18;Sect A:1(col 6).
See Action on Smoking and Health v. Harris, 655 F.2d 236, 239 (D.C. Cir. 1980) (FDA position based on lack of evidence that manufacturers or vendors intend cigarettes "to affect the structure or any function of the body")
See Action on Smoking and Health v. Harris, 655 F.2d 236, 239 (D.C. Cir. 1980) (FDA position based on lack of evidence that manufacturers or vendors intend cigarettes "to affect the structure or any function of the body").
7
15844383572
note
See generally 60 Fed. Reg. 41462, 41467-784 (1995); see also Action on Smoking and Health, 655 F.2d at 239 ("Nothing in this opinion should suggest that the [Food and Drug] Administration is irrevocably bound by any long-standing interpretation and representations thereof to the legislative branch" regarding FDA jurisdiction over tobacco products).
8
84865664129
See also United States v. 789 Cases, More or Less, of Latex Surgeons' Gloves, 799 F. Supp. 1275, 1285 (D.P.R. 1992) ("All of the circumstances surrounding the promotion and sale of the product constitute the 'intent.' It is not enough for the manufacturer to merely say that he or she did not 'intend' to sell a particular product as a device").
See also United States v. 789 Cases, More or Less, of Latex Surgeons' Gloves, 799 F. Supp. 1275, 1285 (D.P.R. 1992) ("All of the circumstances surrounding the promotion and sale of the product constitute the 'intent.' It is not enough for the manufacturer to merely say that he or she did not 'intend' to sell a particular product as a device").
9
15844390657
See National Insulation Transportation Comm. v. ICC, 683 F.2d 533, 537 (D.C. Cir. 1982) (court must, if possible, give effect to every phrase of a statute so that no part is rendered superfluous); Symons v. Chrysler Corp. Loan Guarantee Board, 670 F.2d 238, 270 (D.C. Cir. 1981) (rejecting interpretation that would render statutory phrase superfluous because statutes should be construed, if possible, to give effect to every word used by Congress)
See National Insulation Transportation Comm. v. ICC, 683 F.2d 533, 537 (D.C. Cir. 1982) (court must, if possible, give effect to every phrase of a statute so that no part is rendered superfluous); Symons v. Chrysler Corp. Loan Guarantee Board, 670 F.2d 238, 270 (D.C. Cir. 1981) (rejecting interpretation that would render statutory phrase superfluous because statutes should be construed, if possible, to give effect to every word used by Congress).
10
15844387831
Comments of Public Citizen, Inc., Washington DC: Public Citizen Litigation Group
Zieve AM, Morrison AB. Comments of Public Citizen, Inc., regarding FDA's proposal to regulate the sale and promotion of tobacco products to minors. Washington DC: Public Citizen Litigation Group, 1996.
