NEW YORK — The city's campaign to scare smokers with grotesque images of decaying teeth or a diseased lung wherever tobacco products are sold was struck down Wednesday by a federal judge who concluded that only the federal government can dictate warnings that must accompany the promotion of cigarettes.
U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.
"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.
He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.
The city also banned smoking in indoor workspaces, increased cigarette taxes, initiated educational campaigns and promoted smoking cessation programs.
As part of his ruling, Rakoff included some of the statistics that encouraged the city to enact the regulation: that one-third of smokers die of tobacco-related diseases and roughly 7,500 people die in New York City from smoking annually – "more than from AIDS, homicide and suicide combined."
And More.....
U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.
"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.
He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.
The city also banned smoking in indoor workspaces, increased cigarette taxes, initiated educational campaigns and promoted smoking cessation programs.
As part of his ruling, Rakoff included some of the statistics that encouraged the city to enact the regulation: that one-third of smokers die of tobacco-related diseases and roughly 7,500 people die in New York City from smoking annually – "more than from AIDS, homicide and suicide combined."
And More.....
The New York City Department of Health and Mental Hygiene said in a statement that it was "disappointed in and strongly disagrees with today's ruling."
It added: "Tobacco companies that are trying to prevent these messages from being seen should be ashamed of themselves."
It added: "Tobacco companies that are trying to prevent these messages from being seen should be ashamed of themselves."
WE (Dave and Linda) AGREE....Everytime we see a smoker, we want to scream .....
3 comments:
Having spent a lot of my life in the law profession, I don't agree the connection this judge is making but I won't waste space explaining why. It's done now though so maybe the city should simply reclassify it as a public service campaign and not limit its exposure to places where cigarettes are sold. Perhaps then they could get it past the courts.
Marjorie
You two have already heard my rant on cigarette smoking so won't repeat here...
Hope you have a safe and warm New Year celebration. May be next time I come by, we can toast the new year with a little Oregon Chi!! I will be home, off the streets, and hopefully will have a family member or two with me...
Claudia
Thanks for sharing, I agree 100%.... I cant stand seeing anyone take one puff, its incredibly selfish and a slap in the face to so many. LeeAnn
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