TOBACCO CONTROL LAWS

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.

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Vango Media, Inc. v. City of New York, et al., 34 F.3d 68, United States Court of Appeals, Second Circuit (1994).

  • United States
  • Aug 26, 1994
  • United States Court of Appeals, Second Circuit

Parties

Plaintiff Vango Media, Inc.

Defendant

  • City of New York
  • New York City Department of Health
  • New York City Taxi and Limousine Commission

Legislation Cited

Federal Cigarette Labeling and Advertising Act (as amended), 15 USC ยงยง 1331 - 1341

Public Health Cigarette Smoking Act of 1969, Public Law 91-222, 15 U.S. Code Sections 1331-1340 (1988)

Tobacco Product Regulation Act, New York City Administrative Code, Title 17, Chapter 7, Sections 17-616 to 17-626, Local Law No. 83 of 1992

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

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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