Question

In Food and Drug Administration v. Brown & Williamson Tobacco Corporation, the court examined whether the Food and Drug Administration had the authority to regulate the tobacco industry. They determined that:
A.If the FDA had the right to regulate cigarettes as a device, the FDA would be required to ban tobacco entirely.
B.Because Congress has directly addressed the problem of tobacco and health on six occasions, there is no ambiguity necessitating the agency filling a gap with its judgment.
C.The marketing of tobacco is mentioned in the United States Code as one of the greatest basic industries of the United States, directly affecting interstate and foreign commerce and that stable conditions in the industry are necessary to the general welfare.
D.All of the above.

Answer

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