That remains the heart of the Food and Drug Administration's attempt to regulate cigarettes as drugs.

Tobacco strategists raised concerns that regulating cigarettes like drugs would create a thriving black market.

Most recently, he won a Supreme Court case on behalf of the tobacco industry against his former agency's effort to regulate cigarettes as drug delivery devices.

The agency has said it has the authority to regulate cigarettes as drugs and will consider doing so if its suspicion can be demonstrated.

Scientists at the meeting offered several recommendations to help the F.D.A. decide how to regulate cigarettes.

The Government is in a legal battle with the tobacco industry over its plan to regulate cigarettes.

In fact, the agency now believes that if it regulates cigarettes its only option would be to ban them.

For the first time the Food and Drug Administration says it is willing to consider regulating cigarettes as drugs.

And Dole has been openly critical of Kessler's campaign to regulate cigarettes.

There are proposals to regulate cigarettes as a drug and to ban smoking from most workplaces - even bars and restaurants.