Appeals Court Strikes Down Cigarette Ad Measure
A New York City resolution requiring retailers who sell cigarettes to display graphic health warnings has been dealt a second legal blow. Today, the U.S. Court of Appeals for the Second Circuit upheld a 2010 district decision striking down the resolution, finding that such mandates were preempted by federal law. Said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA (PM USA). "This suit has always been about who has the authority to regulate the content of cigarette warnings. That is a power reserved to the federal government without interference or additional efforts by state and local authorities."