Tobacco is one of the most controversial issues at the agency.
Henney's predecessor, David A. Kessler, took on the industry by asserting the agency's authority to regulate cigarettes and smokeless tobacco. Much of the FDA's regulatory authority over tobacco, however, was struck down by the 4th U.S. Circuit Court of Appeals after a tobacco industry challenge. That decision has been appealed, so the scope of FDA authority ultimately will be determined by the Supreme Court. This page, and other ASH web pages, may be freely copied and reproduced in print or on other web pages.