Event Title

The FDA May Not Regulate Tobacco Products as "Drugs" or as "Medical Devices"

Presenter Information

Richard A. Merrill

Location

Duke Law School

Start Date

6-3-1998 10:15 AM

End Date

6-3-1998 11:30 AM

Description

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority.

Comments

This event was not recorded.

Related Paper

Richard A. Merrill, The FDA May Not Regulate Tobacco Products as “Drugs” or as “Medical Devices”, 47 Duke Law Journal 1071-1094 (1998)

Available at: http://scholarship.law.duke.edu/dlj/vol47/iss6/2

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Mar 6th, 10:15 AM Mar 6th, 11:30 AM

The FDA May Not Regulate Tobacco Products as "Drugs" or as "Medical Devices"

Duke Law School

Professor Richard Merrill contends that the Federal Food, Drug, and Cosmetic Act does not grant the FDA regulatory authority over cigarettes and smokeless tobacco products. The fact that Congress did not expressly deny the FDA regulatory authority over tobacco cannot, Professor Merrill argues, be used to infer such authority.