U.S. Smokeless Tobacco Mfg. Co., et al. v. City of New York, No. 11-5167 (2d Cir. 2013)
Annotate this CasePlaintiffs, manufacturers and distributors of smokeless tobacco products, filed suit challenging the validity of a New York City ordinance governing the sale of flavored tobacco products. Plaintiffs alleged that the ordinance, New York City Administrative Code 17-715, was preempted by the Family Smoking Prevention and Tobacco Control Act, 21 U.S.C. 387 et seq., and sought an injunction against enforcement. The district court awarded summary judgment to the City and plaintiffs appealed. The court concluded that the ordinance was a regulation of sale and not a veiled attempt to regulate the manufacture of tobacco products. The ordinance represented an exercise of local police power that Congress specifically allowed in enacting the Act and was therefore not preempted.
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