Rival Coalitions and Congress as the Decision Maker
This chapter continues the story from the previous chapter. The Supreme Court held that a regulatory statute aimed at unsafe drugs and devices does not authorize regulation of a drug (nicotine) and a device (a cigarette) that the Court agrees are unsafe. And far more than most, this particular drug and device risked the life-threatening harms that administrative regulation was intended to rectify. Thus, the action shifted to Congress. The tobacco control negotiations of 1997–8 are reported in this chapter. The litigation that attempted to inflict large judgments on the tobacco companies had never succeeded in the past and, so far have not succeeded since then (with the sole exception of the cases brought by state attorneys general). Children are still taking up smoking at an alarming rate, and one-third of those who take up smoking could die from smoking-related causes.
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