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Judge Upholds New York City Flavored Tobacco Ban
Posted: November 29, 2011
Thanks to a recent ruling by a federal judge, flavored tobacco products are once again banned in New York City.
federal judge recently rejected a lawsuit that challenged New York
City’s controversial 2009 ban that prohibits the sale of some flavored
tobacco products, including cigars, chewing tobacco and pipe tobacco.
On November 15, U.S. District Judge Colleen McMahon rejected a lawsuit that claimed the flavored tobacco ban is preempted by the Family Smoking Prevention and Tobacco Control Act, the law that gave the Food & Drug Administration regulatory control over the U.S. tobacco industry. The suit was filed by the U.S. Smokeless Tobacco Manufacturing Company and U.S. Smokeless Tobacco Brands, both entities of Altria Group Inc.
McMahon wrote in her ruling that “the ordinance does not prevent plaintiffs from making a flavored smokeless tobacco, or from performing that fabrication in whatever way they wish—as long as they do so consistently with federal standards. It simply prohibits plaintiffs from selling those products in New York City anyplace except a tobacco bar.”
Although the Altria companies have vowed to appeal the decision, it appears the ban will indeed go into effect for a second time. In 2009, after Mayor Michael Bloomberg signed the ban into law, the lawsuit McMahon ruled upon was filed and the flavored ban was essentially delayed until the suit was settled. Retailers that originally pulled stock of flavored tobacco products were allowed to sell during the interim period.
With McMahon's rulling, however, sales of flavored tobacco products that have a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice are now officially banned. (Menthol, mint or wintergreen flavors are still legal.)
“Tobacco bars,” of which there are only about a dozen left in the city, are the only venue allowed to sell flavored tobacco products.
For more on this, see the next issue of Cigar Insider.
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