Judge Strikes Down NYC Law Regarding Antismoking Placards

The ruling stops the city's requirement to have convenience stores show images of diseased brains, lungs and teeth to discourage tobacco purchases.

January 03, 2011

NEW YORK - On Dec. 29, a federal judge rejected New York City??s law that would make convenience stores hang posters showing images of diseased brains, lungs and teeth to curtail smoking, the New York Times reports.

Judge Jed Rakoff said that the law violated federal statutes because only the federal government has the power to control cigarette advertisements and warnings. "Even merchants of morbidity are entitled to the full protection of the law," wrote Judge Rakoff, "for our sake as well as theirs."

Rakoff??s ruling puts the kibosh on the city??s requirement to have more than 11,000 retailers display the placards by cash registers. The city had been waiting for the judge??s decision before implementing the rule. The city will appeal the ruling.

Late in 2009, the New York City Health Department devised the regulation. Six months ago, Lorillard, Philip Morris, R.J. Reynolds and the New York State Association of Convenience Stores (NYACS) filed a lawsuit to challenge the requirement. The suit claimed the First Amendment rights of retailers opposed to the message were violated by the rule and also pointed out that the regulation breached a law relating to the federal government??s regulation of cigarette ads and warnings.

The NYACS was pleased with the ruling. "It will allow the retail stores in New York to be freed of the obligation to put signs up urging customers not to buy their lawful products," said Floyd Abrams, an attorney representing NYACS.

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