NYC's Graphic Anti-Smoking Ads Stamped Out By 2nd Circ.

Law360, New York (July 10, 2012, 4:39 PM EDT) -- The Second Circuit on Tuesday struck down a New York City resolution that requires tobacco retailers to display graphic warning signs where cigarettes are sold, saying it interferes with the product's promotion and is therefore preempted by federal labeling law.

In a published opinion, a three-judge panel affirmed U.S. District Judge Jed Rakoff's 2010 decision nullifying the resolution, which requires retailers to post one of three warning signs produced by the city near tobacco product displays.

The panel rejected the city's argument that the warnings are...
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