Abstract

This article examines the public health authority states have to reduce tobacco use in light of the Food and Drug Administration's oversight of tobacco. The authors point out that states have achieved dramatic reductions in tobacco use in the past with little assistance from federal authorities. Indeed, often federal statutes impeded state efforts. The authors examine the preemptive scope of FDA oversight and conclude that states retain and, in some cases, actually improve their legal options for reducing tobacco use under the FDA legislation.

Notes

Originally published in Journal of Health Care Law & Policy, Vol. 11, No. 1, pp. 57-81, 2008

Keywords

tobacco, FDA, Food and Drug Administration

Subject Categories

Tobacco use - Law and legislation

Disciplines

Health Law

Publisher

University of Maryland School of Law

Publication Date

2008

Click button above to open, or right-click to save.

Included in

Health Law Commons

Share

COinS