Posted by: audreybenenati | March 26, 2010

Federal Judge Declines to Block NYC’s Limits on Flavored Tobacco Sales

Mark Fass

New York Law Journal

March 25, 2010

A federal judge has refused to enjoin a New York City law severely restricting the sale of flavored tobacco. The plaintiffs, two manufacturers of so-called smokeless tobacco — better known as chewing tobacco and snuff — set forth several constitutional arguments for blocking the law, including that it is pre-empted by the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA), which amended federal law by specifically authorizing the Food and Drug Administration to regulate tobacco.

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