Will the ‘major questions doctrine’ be used in tobacco regulation in the US? August 2022

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 analyses whether 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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Berta Camps Bisbal

Senior legal analyst
Berta has a law degree from the University of Barcelona and a Juris Doctor degree from Nova Southeastern University (Florida). She has worked as a faculty assistant in legal research in Florida, was a member of the Law Review, and has interned for a magistrate judge of the US District Court for the Southern District of Florida. Berta focuses on US legal analysis, including tracking all federal, state and local regulation. She runs our US interactive regulatory tracker product, following changing regulation on e-cigarettes in all 50 US states.

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