Second,the FDA has no authority to investigate and penalize businesses that engage in unfair or unlawful advertising practices. Congress has given the Federal Trade Commission that power. So, if any tobacco advertiser targets children, the FTC can stop it. The country doesn't need another Federal agency and many more pages of regulations to protect those under 18 in this case. No it wouldn't.
Tobacco is by no means the only controversial product.
Soon after these regulations were announced, petitioners asked the White House to restrict alcohol beverage advertising in the same way. If we didn't fight this case, we'd be fighting another one soon. And that would be even tougher, because a precedent would have been established. A number of industries market products that are not supposed to be sold to minors. Virtually every such industry has its own voluntary code or guidelines for advertising.