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Anticipating Industry Arguments: The US Food and Drug Administration’s Authority to Reduce Nicotine Levels in Cigarettes
Author(s) -
Micah L. Berman,
Patricia J. Zettler,
David L. Ashley
Publication year - 2018
Publication title -
public health reports
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.202
H-Index - 92
eISSN - 1468-2877
pISSN - 0033-3549
DOI - 10.1177/0033354918776935
Subject(s) - nicotine , transformative learning , food and drug administration , administration (probate law) , tobacco industry , addiction , action (physics) , drug , public health , drug administration , medicine , environmental health , public economics , business , public administration , political science , pharmacology , law , psychology , economics , psychiatry , nursing , pedagogy , physics , quantum mechanics
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.

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