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March 15, 2006

The Rehnquist Court and Tobacco—Reply

Author Affiliations

Letters Section Editor: Robert M. Golub, MD, Senior Editor.

JAMA. 2006;295(11):1250-1251. doi:10.1001/jama.295.11.1251-a

In Reply: Dr Lutschg is correct to draw attention to the Supreme Court's role in thwarting public health regulation of tobacco products. My Commentary emphasized the Court's antipathy to public health regulation. The Supreme Court has undermined effective tobacco regulation in 3 ways, holding that (1) the FDA lacks jurisdiction to regulate cigarettes, (2) regulation of tobacco advertising violates the First Amendment, and (3) federal law preempts state tort litigation against the tobacco industry.