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NYC sued by Big Tobacco: Anti-smoking campaign violates First Amendment

New York First Amendment lawyer news: Tobacco companies, store reps suing NYC for requiring anti-smoking banners within stores.

06/07/2010 // West Palm Beach, FL, USA // Tara Monks // Tara Monks

Manhattan, NY – Three big tobacco companies and trade associations representing NYC convenience stores filed a complaint Wednesday, June 3, 2010, against New York City, claiming the city’s newest anti-smoking advertisements hurt business and violate First Amendment rights of store owners. The New York Times reported that Lorillard, Philip Morris and R.J. Reynolds are the tobacco companies involved in the lawsuit.

In September 2009, New York City made it mandatory for stores who retail cigarettes and tobacco products “face-to-face” to prominently display tobacco health warning signs. The signs depict cancerous lungs, decayed teeth and brain damage from stroke. Messages such as “Quit smoking today” are plastered on the images.

The cigarette makers claim, “Through words and imagery, the signs urge consumers not to purchase plaintiffs’ products…The mandated signs also restrict plaintiffs’ ability to communicate about lawful products with their adult consumers.”

The federal lawsuit, filed in United States District Court in Manhattan, states the banner rule infringes on the federal government’s authority to regulate cigarette advertising and warnings. The suit says the images are so discouraging, general customers are deterred from making any purchases, such as sandwiches and drinks, within the stores.

New York City’s health department issued a statement explaining that putting warnings where cigarettes were sold is one of the most effective ways to deter people from smoking. It also proves effective in discouraging people from beginning smoking. The statement further read, “By trying to suppress this educational campaign, the tobacco industry is signaling its desire to keep kids in the dark.”

The city has spend approximately $80,000 for the signs over the past eight months.

Cigarettes in New York City cost about $10 a pack.

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Url: http://TaraMonks.visionsmartnews.com/nyc-sued-by-big-tobacco_674.html

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