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Article: The tobacco industry and the First Amendment (1): an analysis of the 1998 Master Settlement Agreement.
- Article from:
- Journal of Law and Health
- Article date:
- June 22, 1999
- Author:
CopyrightCOPYRIGHT 1999 Cleveland Marshall College of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
Prior to 1995, the tobacco industry was an impenetrable fortress. The industry admitted nothing, denied everything, and successfully defended nearly every lawsuit filed against it. (2) Then, in 1995, a war was waged against the tobacco industry by both the federal and state governments. The war began on the federal level with President Clinton's approval of federal legislation that declared nicotine an addictive drug and authorized the Federal Food and Drug Administration (FDA) to seek jurisdiction over tobacco products as "drug delivery devices." (3) Additionally, the President announced broad executive action which sharply restricted the ...