Kessler is also known for his role in the FDA attempt to regulate cigarettes, which resulted in the "FDA v. Brown & Williamson Tobacco Corp." case. The Supreme Court ultimately ruled that the FDA did not have the power to enact and enforce the regulations in question. He was awarded the Public Health Hero award on April 2, 2008, by the UC Berkeley School of Public Health for his work in tobacco regulation. Kessler published a book entitled "A Question of Intent", which gave his view of his time at the FDA, focusing on his attempts to change tobacco legislation and the interpretation of that legislation, and his battle with the then-illegal, but still used Y1 strain of tobacco.