We must look deeper to understand the intent and interpretation of the Court. The FDA has the authority to regulate drugs in this nation. The FDA looks to possible risks and benefits of these substances. The fundamental issue is that tobacco provides no known benefit for users. This is what health educators have been saying all along.
Tobacco is the only commercial product on our shelves that has absolutely no safe application.
Even the tobacco industry's lawyers argued that if FDA regulation were allowed, the government would be forced to ban tobacco products entirely as they have not been shown to be safe. O'Connor's opinion acknowledged that the FDA has concluded that cigarettes are unsafe and dangerous. I believe total prohibition of tobacco, although one solution to this problem, would cause even greater harm to society due to the illegal markets that tobacco addicts would promulgate. I hardly call this a victory for tobacco. Yes, it is a temporary setback for those of us dependent upon the FDA to assist the battle to protect our nation's youth.