This paper will reveal that although the FDA has a compelling argument from a public health point of view to regulate tobacco products, the proposed federal rule is beyond the scope of the FDA's authority. The FDA cannot unilaterally assert jurisdiction over tobacco products in order to implement restrictions for children and adolescents without specific Congressional action. Instead, Congress has specifically delegated such regulatory authority to the states. Moreover, the proposed rule lacks necessary enforcement mechanisms to adequately keep tobacco products out of the hands of children and adolescents.
Note, The Politics of Reducing Tobacco Use Among Children and Adolescents: Why the Food and Drug Administration Cannot Regulate Tobacco and a Proposed Policy for States and Local Communities, 10 J.L. & Health 367 (1995-1996)