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To the Editor: In his Commentary, Dr Gostin¹ hardly does justice to the Rehnquist Court's role in dealing with the top preventable cause of death in the United States, smoking-related disease.

More than 100 years ago, during the discussion regarding what was finally passed as the original Food and Drug Act of 1906, JAMA stated that " . . . the poisoning of the population for profit by mercenary manufacturers is in its way a much more vital question. . . . "² In 2000, by a 5 to 4 decision, the Supreme Court, in FDA v Brown & Williamson Tobacco Corp, denied the US Food and Drug Administration (FDA) jurisdiction over cigarettes.³ Justice Stephen Breyer, who wrote the dissenting opinion, observed at the time of oral argument: "Is the statute [Federal Food, Drug, & Cosmetic Act of 1938] supposed to stop the FDA from looking at the real world?"⁴ However, Justice Sandra Day O’Connor, who wrote . . . [Full Text of this Article]

James H. Lutschg, MD
glutschg@cox.net
Baton Rouge, La

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