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J.D. Seminar 782 (cross-listed) | 2 credit hours

The purpose of this Seminar is to examine in depth and critically some of the distinctive legal issues arising from the 2009 Family Smoking Prevention and Tobacco Control Act of 20009, which gives the Food and Drug Administration (FDA) comprehensive authority to regulate the manufacture and marketing of tobacco products. In addition to achieving a familiarity with the statute as an organic whole, students will be expected to write a paper discussing the legislative history, language and possible legal conflicts that may arise from one of the component parts of the legislation. These include: definitions of covered products; definitions of prohibited acts; FDA’s information-gathering authority; FDA’s standard-setting authority; the regulation of new tobacco products; the regulation of modified-risk tobacco products; limitations on the labeling, advertising and distribution of tobacco products; prohibitions on the illicit marketing of tobacco products; and constitutional challenges to the new law. Topics relating to other aspects of the Act may also be approved.