23-34 94TH ST. GROCERY CORP., Kissena Blvd. Convenience Store, Inc., New York Association of Convenience Stores, New York State Association of Service Stations and Repair Shops, Inc., Lorillard Tobacco Company, Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Inc., Plaintiffs-Appellees,
v.
NEW YORK CITY BOARD OF HEALTH, New York City Department of Health and Mental Hygiene, New York City Department of Consumer Affairs, Thomas Farley, Dr., in his official capacity as Commissioner of the New York City Department of Health and Mental Hygiene, and Jonathan Mintz, in his official capacity as Commissioner of the New York City Department of Consumer Affairs, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: December 1, 2011.
Decided: July 10, 2012.
Attorney(s) appearing for the Case
Miguel Estrada ( Michael J. Edney , on the brief), Gibson, Dunn & Crutcher LLP, Washington, D.C., for Plaintiff-Appellee Philip Morris USA Inc.
Floyd Abrams , Joel Kurtzberg , Cahill Gordon & Reindel LLP, New York, NY, for Plaintiffs-Appellees 23-34 94th St. Grocery Corp., Kissena Blvd. Convenience Store, Inc., New York Association of Convenience Stores, and New York State Association of Service Stations and Repair Shops, Inc.
Noel J. Francisco , Jones Day, Washington, D.C., for Plaintiff-Appellee R.J. Reynolds Tobacco Co., Inc.
In 2009, the Board of Health of the City of New York adopted a resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking. The City did so as part of its continuing campaign to discourage cigarette use by educating New Yorkers about the dangers of smoking. The district court held below that the resolution is null and void because it is preempted by federal labeling laws...
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