You, too, can live to 100.
Posted on 12/29/2010 6:21:52 PM PST by Drango
The city's campaign to scare smokers with grotesque images of decaying teeth or a diseased lung wherever tobacco products are sold was struck down Wednesday by a federal judge who concluded that only the federal government can dictate warnings that must accompany the promotion of cigarettes.
U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.
"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.
He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.
The city also banned smoking in indoor workspaces, increased cigarette taxes, initiated educational campaigns and promoted smoking cessation programs.
As part of his ruling, Rakoff included some of the statistics that encouraged the city to enact the regulation: that one-third of smokers die of tobacco-related diseases and roughly 7,500 people die in New York City from smoking annually "more than from AIDS, homicide and suicide combined."
As part of the campaign, the Department of Health designed three signs for tobacco retailers to display. The judge said they contained "graphic, even gruesome images" of a stroke-damaged brain, a decaying tooth and gums and a diseased lung along with the phrase "Quit Smoking Today: For Help, Call 311 Or 1-866-NYQUITS."
Nicholas Ciappetta, a city attorney who handled the case, said the city was "disappointed that this important health initiative was rejected by the court."
"We are studying the decision and considering our legal options," he said.
Floyd Abrams, a lawyer who represented store owners, said the ruling will come as a relief to retailers who had agreed to post the advertisements even though they were not yet required to do so.
He said the store owners lost some business from even nonsmokers who "didn't want to look at disgusting images" as they tried to buy candy bars, cookies and other items.
Abrams said the city could legally put anti-smoking advertisements around the city but could not force the messages on store owners.
"One legal problem was that they were forcing others to say it for them," he said, although Rakoff decided he did not need to address First Amendment claims in his ruling.
The New York City Department of Health and Mental Hygiene said in a statement that it was "disappointed in and strongly disagrees with today's ruling."
It added: "Tobacco companies that are trying to prevent these messages from being seen should be ashamed of themselves."
Nice phrase.
If they had ads like this with abortion as the subject, imagine the outcry from liberals!
Of course a law can't overturn the 10th amendment, but we will pretend not to notice that.
Agreed. I suspect the “commerce clause” is the concept being used to justify the law.
Federal law is supreme, when its a matter of inter-state commerce.
But Bloomberg makes up his own rules to tyrannize New Yorkers more. Not that I’d ever light up but his bossiness makes me want to rebel.
DON’T TREAD ON ME!
Gee, doesn’t the state of New York tax tobacco? This is amazing. New York radical libs trying to throw away taxation dollars? Heck, they tax everything else in New York....multiple times in some cases.
What is wrong with this picture??
The states should be ashamed of themselves for robbing smokers financially and profiting.Hypocrites!
When the tobacco tax dries up they will just find something else to tax. Say maybe...trans fat? Oh wait.
YEP....that and how MOST AIds is acquired....let’s have them tell THAT story!
They are disgusting.
If they come out with those cigarette packs the outcry will be from non-smokers, not smokers. Smokers will surely leave the horrid art in full view.
What is really needed is for a ban on car tailpipes. They are 100 times bigger than a cigarette and put out way more harmful stuff than what is nothing more than a burning leaf and paper.
Anywhere outdoor smoking is banned, so should cars.
True but smokers are addicted and they need help overcoming their odious behavior.
Why don’t the cigarette manufacturers just stop selling their products in NY City? Why not just increase distribution in NJ and in the counties surrounding NYC? NYC makes big tax bucks on smokes. It’s time to starve the beast.
You, too, can live to 100.
I like your plan of just refusing to sell in cities or States that want to impose horrendous taxes on the sales of tobacco! ......Let the surrounding cities and States take in the tax money.
Same applies to city/county precincts that voted to be dry due to pressures from the religious folks. Happened in Dallas in the 1950s and the businesses in other precincts thrived, while bars, restaurants and stores lost business and had to close. Those areas were becoming wastelands. .........Recent voting in November 2010 had voted those banned areas to be wet again and has spawned a very large increase in new revenue and new businesses for the new year.
I’ve been a smoker for about 55 years and have no health problems. The rant that “second hand” smoke causes cancer is nothing but BS! The so-called ‘scientists’ that claim it is true are in the same category as those who claim that global warming is man-caused. No Proof!
When they banned smoking here in many places, many restaurants and bars just had to close up shop because their regular customers no longer patronized them.
This Nanny State mentality has to be overthrown at some point, and soon. ....I have a right to smoke or drink legal products and my bp really goes up when some harpie starts a tirade about my smoking.
OK.... My little rant is over.
Not the gummint’s job.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.