Document Type



This article examines the public health authority states have to reduce tobacco use in light of the Food and Drug Administration's oversight of tobacco. The authors point out that states have achieved dramatic reductions in tobacco use in the past with little assistance from federal authorities. Indeed, often federal statutes impeded state efforts. The authors examine the preemptive scope of FDA oversight and conclude that states retain and, in some cases, actually improve their legal options for reducing tobacco use under the FDA legislation.

Date of Authorship for this Version



Tobacco use - Law and legislation, tobacco, FDA, Food and Drug Administration, Health Law

Original Citation

Originally published in Journal of Health Care Law & Policy, Vol. 11, No. 1, pp. 57-81, 2008