FDA v. Brown & Williamson Tobacco: FDA issued an informal rule prohibiting the tobacco industry from advertising to young children. The tobacco industry challenged the rule on the grounds that the structure and history of the FDCA precluded the agency from regulating tobacco products. - Rule: Where an issue is one of deep economic and political concern, it is not an issue Congress intended to delegate to an agency but instead is an issue Congress intended to reserve for itself. o Tools of Construction Used: • Horizontal coherence - FDA would be forced to ban all tobacco, which would directly conflict with Congress' intent. • Specific trumps general statute - Tobacco legislation was more specific than initial grant. • Last in time rule - Tobacco legislation was passed after the FDCA • Legislative acquiescence - FDA never asserted authority and Congress never granted authority. • Post-enactment legislative history - Considered and rejected bills granting authority. • Major question exception - tobacco industry is too important to leave to an agency.