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View Full Version : Federal Judge Declines to Block NYC's Limits on Flavored Tobacco Sales




disorderlyvision
03-25-2010, 12:53 PM
http://www.law.com/jsp/article.jsp?id=1202446762059&src=EMC-Email&et=editorial&bu=Law.com&pt=LAWCOM%20Newswire&cn=NW_20100325&kw=Federal%20Judge%20Declines%20to%20Block%20NYC%2 7s%20Limits%20on%20Flavored%20Tobacco%20Sales


A federal judge has refused to enjoin a New York City law severely restricting the sale of flavored tobacco. The plaintiffs, two manufacturers of so-called smokeless tobacco -- better known as chewing tobacco and snuff -- set forth several constitutional arguments for blocking the law, including that it is pre-empted by the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA), which amended federal law by specifically authorizing the Food and Drug Administration to regulate tobacco.

Finding the tobacco companies unlikely to ultimately prevail, Southern District of New York Judge Colleen McMahon denied their motion for a preliminary injunction.

"[P]laintiffs' gloss on the FSPTCA overlooks several of the Act's key provisions, the lack of an actual conflict between the federal and local law, and the judicial presumption against preemption in matters of health and safety," McMahon wrote. "Therefore, the Court finds it highly unlikely that plaintiffs will prevail on the merits, and their motion for a preliminary injunction is denied."

The case is U.S. Smokeless Tobacco Manufacturing Company v. City of New York, 09-civ-10511.

DamianTV
03-25-2010, 01:33 PM
What is with all the anti tobacco news all over the place? Something to do with the Health Care bill? Do we even have 5 years of smoking and tobacco left, or has it already been made illegal completely buried somewhere deep within the bill?

torchbearer
03-25-2010, 01:41 PM
What is with all the anti tobacco news all over the place? Something to do with the Health Care bill? Do we even have 5 years of smoking and tobacco left, or has it already been made illegal completely buried somewhere deep within the bill?

if the taxpayers are subsidizing your health care, they have the "right" to tell you what you can do with your body.
same for the banks that took the bail-out, and the state that take federal grants.

Napolean once said, "The hand that gives is above the hand that takes."