Anticipating Industry Arguments: The US Food and Drug Administration's Authority to Reduce Nicotine Levels in Cigarettes. (July 2018)

• Record Type: Journal Article
• Authors: Berman, Micah L.; Zettler, Patricia J.; Ashley, David L.
• Is Part Of: Public health reports. Volume 133:Number 4(2018)
• Page Start: 502
• Page End: 506
• Publication Date: 2018-07
• Subjects: addiction -- tobacco -- law/legal issues -- public policy -- nicotine -- FDA; Public health -- United States -- Periodicals; 614.0973
• DOI: 10.1177/0033354918776935
• Languages: English
• ISSNs: 0033-3549

Abstract

The US Food and Drug Administration has announced that it is considering lowering nicotine levels in cigarettes to "minimally addictive or nonaddictive levels." This could be a transformative public health measure, but the tobacco industry is likely to challenge such an action in court. This article reviews some of the key legal arguments that industry is likely to advance and considers possible responses. As we demonstrate, there are strong arguments that the US Food and Drug Administration has the authority to implement a policy to reduce nicotine in cigarettes to nonaddictive levels.