JEANNE MESERVE, CNN ANCHOR: A major victory for the tobacco industry today in its long-running battle with the U.S. government. A ruling by the Supreme Court dramatically restricts how the government can regulate tobacco. The Court, in a five-to-four vote, said the Food and Drug Administration went too far in trying to stop cigarette sales to minors, and that the FDA cannot regulate tobacco as an addictive drug. CNN senior Washington correspondent Charles Bierbauer is following the story from the Supreme Court. Charles, how did the Court reach this decision?</s>CHARLES BIERBAUER, CNN CORRESPONDENT: Well, the court went back through the Food, Drug and Cosmetic Act and noted that for decades, the FDA, the Food and Drug Administration, denied that it had any authority over tobacco, and only reversed that opinion in 1996, when it claimed that it could indeed regulate. But the justices, five-to- four, led by Justice Sandra Day O'Connor, said no matter how serious the tobacco problem is, Congress never gave that authority to the FDA. And that's that as far as the Court's concerned -- Jeanne.</s>MESERVE: And where do things go from here? Does the battle shift over to Congress now?</s>BIERBAUER: It really does. This matter is closed as far as the Court is concerned. Congress could certainly legislate it if it chose to do so. Bear in mind that in the last couple of years, Congress had difficulty doing anything about tobacco; it could not put its stamp of approval, nor could it legislate those elements that it needed to, dealing with these states' agreement with the tobacco companies. So, it's a question, as always, of whether there's any will to regulate tobacco across the street from the Court over in the capitol.</s>MESERVE: Charles Bierbauer, thank you for joining us from the U.S. Supreme Court. Search CNN.com CNNSI.com CNNmoney.com The Web
Supreme Court's Ruling a Major Victory for Tobacco Industry