NY Pushes 2nd Circ. To Revive Anti-Smoking Warning Rule

Law360, New York (December 1, 2011, 3:41 PM EST) -- New York asked the Second Circuit on Thursday to resurrect an overturned local ordinance that would have required tobacco vendors to post graphic warnings in their shops, a key prong in the city's battle against the product.

Longstanding federal law that gives Congress sole control over tobacco advertising does not stop the city from requiring shopkeepers to post warning posters near tobacco displays and their cash registers, city attorney Drake A. Colley told a three-judge panel Thursday.

The appeals case represents a chance for the city...
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