23-34 94th St. Grocery Corp v. NY City Board of Health

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.