23-34 94th St. Grocery Corp. v. New York City Board of Health
23-34 94th Grocery Corp., et al. v. New York City Board of Health, et al., 685 F.3d 174 (2nd Cir. 2012).
- United States
- Jul 10, 2012
- United States Court of Appeals, Second Circuit
23-34 94th Grocery Corp., et al. v. New York City Board of Health, et al., 685 F.3d 174 (2nd Cir. 2012).
New York City required all tobacco retailers to display signs bearing graphic images showing adverse health effects of smoking. Retailers challenged the city's resolution. The lower court held that the resolution is preempted by federal labeling laws. In this decision, the appeals court affirmed, citing the Federal Cigarette Labeling and Advertising Act, which includes a preemption provision, limiting the extent to which states may regulate the labeling, advertising, and promotion of cigarettes.