2nd Circuit rules New York cannot use graphic images to deter smoking

July 12, 2012

New York, New York: On July 10, 2012, the United States Court of Appeals for the 2nd Circuit affirmed the decision of Manhattan Federal Judge Jed Rakoff, ruling that federal regulations preempted a city ordinance that required cigarette distributors to post gruesome photos of cigarette related illnesses at the point of sale. The court held that the 1965 Federal Cigarette Labeling and Advertising Act preempted the local law, thus rendering the local ordinance unconstitutional. Philip Morris USA alongside two other manufacturers, two major retailers and two trade unions challenged this city law in federal court last year. Despite admitting the risks of smoking, Rakoff agreed with the cigarette producers, stating in his opinion, "Even merchants of morbidity are entitled to the full protection of the law." The Second Circuit concurred, though they believed that the city could launch its own anti-smoking campaign using the images, but could not require retailers to do it. The case was heard by Judges Peter Hall, Gerard Lynch, and Denny Chin, with Chin writing the opinion of the court.

See also

• United States Court of Appeals for the 2nd Circuit
• United States District Court for the Southern District of New York