BBK Tobacco & Foods v. U.S. Food and Drug Administration
BBK Tobacco & Foods v. U.S. Food and Drug Admin, 672 F.Supp.2d 969 (D.Ariz., 2009).
- United States
- Dec 9, 2009
- U.S. District Court, D. Arizona
BBK Tobacco & Foods v. U.S. Food and Drug Admin, 672 F.Supp.2d 969 (D.Ariz., 2009).
BBK Tobacco & Foods asked a court to declare that its flavored rolling papers, which are sold separately from cigarettes, are not subject to regulation as “tobacco products” under the Family Smoking Prevention and Tobacco Control Act (“the Act”). The court dismissed BBK’s request, finding that the Food and Drug Administration (FDA) had not yet taken action against the company and, therefore, the company’s claim was premature. The court noted that the FDA had issued a guidance document, which declared that rolling papers intended for use in roll-your-own cigarettes were subject to regulation under the Act. However, the court determined that the FDA’s guidance document could not be used for enforcement of the Act and did not represent a “final” action of the FDA.