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Which of the Following Was the Result at the Supreme

Question 17

Multiple Choice

Which of the following was the result at the Supreme Court level in Food and Drug Administration v.Brown & Williamson Tobacco Corporation,the case in the text involving whether the Federal Food,Drug,and Cosmetic Act (FFDCA) authorized the Food and Drug Administration (FDA) to regulate tobacco?


A) The Court ruled that the FDA had the authority to regulate tobacco because the FFDCA implies that the FDA retains the discretion to determine items within its sphere of regulation.
B) The Court ruled that the FDA lacked the authority to regulate tobacco because Congress had enacted its own legislation regulating tobacco and had not extended that right to the FDA.
C) The Court ruled that the FDA had the authority to regulate tobacco because nicotine,one of its main components,is a drug.
D) The Court ruled that the FDA had the authority to regulate tobacco because cigarettes and smokeless tobacco are drug delivery devices of the drug nicotine.
E) The Court ruled that the FDA had the authority to regulate tobacco because nicotine,one of its main components,is a drug but that the FDA exceeded the scope of its regulatory powers in the issuance of excessively strict regulations regarding the marketing of tobacco.

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