TOBACCO CONTROL LAWS

U.S. Smokeless Tobacco Mfg. Co. v. City of New York

Plaintiffs, manufacturers and distributors of smokeless tobacco, challenged a New York City law restricting the sale of flavored tobacco on the basis that the law (1) was preempted by the Federal Family Smoking Prevention and Tobacco Control Act (“FSPTCA”), which gives power to the FDA to regulate tobacco products, and (2) violates the Commerce Clause and Due Process Clause of the Fourteenth Amendment of the US Constitution. The Court denied plaintiffs' motion for a preliminary injunction due to a lack of conflict between the federal and local law, and the judicial presumption against preemption in matters of health and safety. Further, there was a “saving clause” in the FSPTCA regarding the types of regulations that state and local governments are allowed to pass, including restrictions on the sale or distribution of tobacco products.

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U.S. Smokeless Tobacco Mfg. Co. v. City of New York, 703 F.Supp.2d 329, US District Court, Southern District of New York (2010).

  • United States
  • Mar 23, 2010
  • U.S. District Court, Southern District of New York
View Case History

Parties

Plaintiff

  • U.S. Smokeless Tobacco Brands, Inc.
  • U.S. Smokeless Tobacco Mfg. Co.

Defendant City of New York

Legislation Cited

Family Smoking Prevention and Tobacco Control Act, Public Law 111-31, June 22, 2009

N.Y. City Admin. Code. §§ 17-713-718

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

Smokeless tobacco products
Tobacco products that are used by means other than smoking, such as chewing, sniffing, or placing between the teeth and gum. Examples include chewing tobacco, dipping tobacco, snuf, snus, gutkha or gutka, and dissolvable tobacco products.
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