NYC Limits On Flavored Tobacco Upheld By 2nd Circ.

Law360, New York (February 26, 2013, 2:55 PM EST) -- The Second Circuit on Tuesday rejected an Altria Group Inc. unit's challenge to a New York City law that effectively bars the sale of flavored smokeless tobacco, saying it does not conflict with a federal tobacco law.

While the Family Smoking Prevention and Tobacco Control Act, passed by Congress in 2009, forbids the U.S. Food and Drug Administration from banning an entire category of tobacco products, it does not extend the prohibition to states and cities, a three-judge panel ruled.

The panel affirmed a New York...
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