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Coyne Beahm, Inc. v. United States Food & Drug Administration

966 F. Supp. 1374 (1997)

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Coyne Beahm, Inc. v. United States Food & Drug Administration

United States District Court for the Middle District of North Carolina
966 F. Supp. 1374 (1997)

AR

Facts

The Food and Drug Administration (FDA) regulated tobacco products pursuant to its device authority. The relevant portion of the act stated that cigarettes “may . . . be restricted to sale, distribution, or use.” The FDA believed that the restrictions on sale allowed it to place restrictions on advertising. Coyne Beahm, Inc. sued, believing that the FDA did not have the power to regulate advertising of tobacco products.

Rule of Law

Issue

Holding and Reasoning (Osteen, J.)

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Casebooks

Food and Drug Law

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