FDA Lacks Authority To Regulate Tobacco, Court Rules

By Mark Walsh

Washington

The U.S. Supreme Court dealt a blow last week to the Clinton administration's efforts to curb youth smoking by ruling that the Food and Drug Administration lacks the authority to regulate tobacco.

Meanwhile, in another closely watched decision, the court ruled that universities may collect mandatory activities fees that provide money to a broad range of student groups, as long as the money is distributed on a viewpoint-neutral basis.

In the tobacco case, the court ruled 5-4 on March 21 that the FDA lacks authority from Congress to begin regulating nicotine as a drug, and cigarettes as drug-delivery devices, under...