Tobacco Regulations Struck Down by Federal Appeals Court

The U.S. Court of Appeals for the Second Circuit recently struck down new regulations issued by New York City that required graphic images at stores selling tobacco products.  The court held that the regulations were preempted by federal law.

This follows a decision in March that prohibited the use of graphic warnings for tobacco products and advertising by the U.S. District Court for the District of Columbia.  ANA filed a “friend of the court” brief in that case challenging the FDA’s rules implementing the Family Smoking Prevention and Tobacco Control Act.  It is being appealed to the Court of Appeals for the District of Columbia Circuit.  Another case involving the constitutionality of the act is pending before the Sixth Circuit Court of Appeals.   It is likely these cases will eventually make their way to the U.S. Supreme Court.