LANGUAGE

Vango Media, Inc. v. City of New York

An advertising company challenged a New York City ordinance that required certain facilities licensed by the city, including taxicabs, to exhibit one message regarding the harmful effects of smoking or the beneficial effects of not smoking for every four displays promoting the sale of tobacco products.  The company claimed, among other things, that the ordinance was preempted by the Federal Cigarette Labeling and Advertising Act and violated the First Amendment of the U.S. Constitution.  The court affirmed judgment in favor of the plaintiff, holding that the ordinance, as a smoking-and-health-based regulation of tobacco advertisements, was expressly preempted by federal law.