Who should control the sale and use of tobacco in the U.S.? Since 1996 tobacco has been regulated by the Food and Drug Administration. Last week the Supreme Court ruled that the FDA does not have authority over tobacco products.
Writing on behalf of the court, Justice Sandra Day O'Connor acknowledged that tobacco use may be "the single most significant threat to public health" in the U.S. But the court decided that the FDA cannot regulate tobacco without Congress's permission.
The decision throws out the FDA's rule that sales-clerks must ask for identification from anyone under age 27 seeking to buy tobacco products. All 50 states already ban tobacco sales to anyone under 18. "I urge this community to keep that ID-check sign up," said Iowa Senator Tom Harkin, who called for Congress to put the FDA's rules back in place.