On December 30, 2010, the New York Times reported that New York city ordinance was struck down, which would have forced retailers to post graphic pictures of diseased lungs, brains and teeth in shops to discourage the purchasing of tobacco products. This was referred to as the “Anti-Smoking Poster Law” and would have applied to all small kiosks and convenience stores. As many of you undoubtedly know, these types of stores are heavily populated by teenagers i.e. young smokers.
The Judge hearing the case wrote that while the law was well intentioned, it violated federal law.
In 1965 a federal law called the Labeling Act was enacted, which gave the federal government exclusive authority over cigarette warnings.
In his ruling, Judge Rakoff pointed out that the Labeling Act also contained a provision forbidding any state
laws from conflicting with the federal government’s policies on cigarette warnings and advertisements. That, he concluded, makes the city’s poster policy illegal.
Hopefully, another angle can be found, making it completely legal to allow this cool law. Why should Australia beat us in curbing cigarette smoking? Why should they be the only ones publicizing the nasty effects of cigarettes? Don’t YOU want to see graphic images of rotting teeth and lungs?
Please submit any related story. We obviously are fond of this topic as we are vigilant anti-smokers.
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