FDA and tobacco regulation in the 21st century: where are we headed?

In March 2000 the US Supreme Court ruled that the Food and Drug Administration does not have the authority to regulate conventional tobacco products under its existing authorities. While denying the agency authority, the Court also recognized that the case involved one of the most "troubling health problems facing the nation." This commentary maintains that tobacco product regulation and FDA authority over all tobacco products must remain the cornerstone of any effective tobacco control agenda. It explores the ramifications of this decision on the public health, the role and responsibility that now rests with Congress, and the role that public health organizations, including the medical and scientific communities, must now play.