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In 1994, [[David A. Kessler]], then Commissioner of the [[U.S. Food and Drug Administration]] (FDA) asserted that nicotine was a drug and cigarettes were drug-delivery devices intended to affect the structure and function of the body, and as such, should be regulated by the FDA under the federal [httphttps://www.sourcewatch.org/index.php?title=U.S._Food_and_Drug_Administration#Food.2C_Drug_.26_Cosmetic_Act Food, Drug & Cosmetic Act]. Following this assertion, FDA promulgated rules that were narrowly tailored to protect youth from nicotine addiction, like the use of "tombstone" advertising (black and white text only), and restrictions on point of sale advertising. In 1995, [[Philip Morris]], [[R.J. Reynolds]], [[Brown & Williamson]], [[Lorillard Tobacco Company]] and [[Liggett]] Tobacco Company challenged FDA's jurisdiction over nicotine in court <ref>J.L. Furr, M.L. Holton III, et al [http://legacy.library.ucsf.edu/tid/est20e00 Coyne Beahn, Inc., Plaintiffs V. United States Food and Drug Administration and David A. Kessler, M.S., Commissioner of Food and Drugs, Defendants. First Amended Complaint for Declaratory and Injunctive Relief Civil Action, File Number 2 95CV00591] Court pleading. 39 pp. September 7, 1995. Bates No. 89278409/8447</ref> and ultimately, in 2000, the Supreme Court ruled on a split decision (5 to 4) that only Congress has the ability to direct FDA to regulate cigarettes.<ref>Linda Greenhouse, ''New York Times'' [http://query.nytimes.com/gst/fullpage.html?res=9907E0D81F3AF931A15750C0A9669C8B63&sec=&spon=&pagewanted=all High court holds FDA can't impose rules on tobacco] March 22, 2000</ref>

Critics of the FDA tobacco bill include the American Association of Public Health Physicians and FDA chief Dr. [[Andrew C. von Eschenbach]], who maintains that FDA's role is to regulate products that are beneficial to public health, and that the agency should be asked to regulate products that are harmful. Bringing tobacco under the jurisdiction of FDA could also mislead consumers into believing that tobacco products are safe or even good for their health. Opponents also argue that FDA agency does not have the financial or staff resources available to allow it to regulate the tobacco industry.<ref>David Gutierrez, NaturalNews.com [http://www.naturalnews.com/022922.html Why Philip Morris Supports FDA Regulation of Tobacco] April 1, 2008. Accessed March 5, 2009</ref>

Critics argue that the FDA should have full authority to remove all [[additives ]] used in tobacco products regardless of their toxicity, since many non-toxic additives, like [[menthol ]] or smootheners, contribute to the product's appeal and thus reinforce exposure to other toxins found in tobacco.

Critics oppose a provision in the bill that mandates that the tobacco industry have representation on the oversight committee created by the bill. They argue that tobacco manufacturers should not be givenspecial access or authority to influence rules the government makes about the labeling, healthand safety regulations of tobacco products. They also claim that this provision would also make the United States noncompliant with one of the key articles in the [[World Health Organization]]'s [[Framework Convention on Tobacco Control]].

*[httphttps://www.prwatch.org/node/7505 American Association of Public Health Physicians: "Tobacco Bill Is a Scam"]*[httphttps://www.prwatch.org/node/6351 The Untold Story of How & Why Philip Morris is Pushing for FDA Regulation]*[httphttps://www.prwatch.org/node/8134 Is the FDA Tobacco Bill the "Altria Earnings Protection Act"?]*[httphttps://www.prwatch.org/node/5649 As Nicotine Dose Increases, So Must Awareness of the Pitfalls of FDA Regulation]*[httphttps://www.prwatch.org/node/5753 Beware The Tobacco Company That Begs for FDA Regulation]*[httphttps://www.prwatch.org/node/7411 Campaign for Tobacco-Free Kids Tries to Explain "Menthol Loophole" in FDA Bill]*[httphttps://www.prwatch.org/node/7328 Philip Morris in the Driver's Seat on FDA Tobacco Bill]*[httphttps://www.prwatch.org/node/7401 Citing Menthol Exemption, Black Group Pulls Support for FDA Tobacco Bill]*[httphttps://www.prwatch.org/node/5770 Is Philip Morris Driving the FDA Regulation Train?]*[httphttps://www.prwatch.org/node/5848 What Philip Morris Seeks in FDA Regulation: Preservation of the Status Quo]*[httphttps://www.prwatch.org/node/6271 Stranger Than Fiction: Major Health Groups Support Philip Morris?]*[httphttps://www.prwatch.org/node/5781 Cutting Cigarette Deaths "Good For Business"-- But Not Right Now]