Will the ‘major questions doctrine’ be used in tobacco regulation in the US?

The “major questions doctrine” addresses the issue of how far federal agencies such as the Food and Drug Administration (FDA) can make policy on their own initiative, and how far they need explicit statutory authorisation. This report will analyse if any of the upcoming tobacco-related regulations may be challenged under this doctrine, including the menthol ban and the policy relating to nicotine levels.

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Table of contents

  1. Executive summary
  2. Introduction
  3. What is the major questions doctrine?
  4. Has it ever been applied in tobacco cases?
  5. The FDA’s policies – can they be challenged under this doctrine?
  6. The deeming rule – another challenge?
  7. Appendix – case law analysis

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