The FDA had previously
asserted it had such power, but the Supreme Court disagreed, ruling in 2000 that Congress must specifically confer such authority.
Although the White House has not supported similar legislation in the past, it's not clear what position President Bush will take this time. The biggest cigarette company, Philip Morris Cos., favors the legislation. But many smaller companies oppose regulation, in part because it could create roadblocks to competition that would benefit Philip Morris. Most major public-health groups support federal oversight.
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