Nat'l Ass'n of Tobacco Outlets, Inc. v. Providence, R.I., No. 13-1053 (1st Cir. 2013)
Annotate this CaseThe City of Providence, Rhode Island enacted two ordinances to reduce tobacco use by young people. The Price Ordinance restricted the City's tobacco and cigarette retailers from reducing prices on tobacco products through coupons and multi-pack discounts. The Flavor Ordinance restricted sales of certain flavored tobacco products other than cigarettes. The National Association of Tobacco Outlets challenged the ordinances, alleging, inter alia, that the ordinances were preempted by federal and state law. The district court upheld the ordinances. The First Circuit Court of Appeals affirmed, holding (1) because the Price Ordinance was an appropriate regulation of price, it fell outside the First Amendment; (2) because the Flavor Ordinance was an appropriate sales regulation, it was not preempted; and (3) neither ordinance conflicted with state law.
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