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23-34 94TH ST. GROCERY v. N.Y. CITY BD. OF HEALTH

No. 10 Civ. 4392 (JSR).

757 F.Supp.2d 407 (2010)

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., and R.J. Reynolds Tobacco Co., Inc., Plaintiffs, v. NEW YORK CITY BOARD OF HEALTH, New York City Department of Health and Mental Hygiene, New York City Department of Consumer Affairs, Dr. Thomas Farley, 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.

United States District Court, S.D. New York.

December 29, 2010.

Attorney(s) appearing for the Case

Floyd Abrams , Joel Laurence Kurtzberg , Kayvan Betteridge Sadeghi , Cahill Gordon & Reindel LLP, Alan Mansfield , Stephen L. Saxl , Greenberg Traurig, LLP, Jennifer H. Rearden , Gibson, Dunn & Crutcher, LLP, New York, NY, Brian D. Boone , Michael J. Edney , Miguel Angel Estrada , Gibson, Dunn & Crutcher, LLP, Noel J. Francisco , Jones Day, Washington, DC, for Plaintiffs.

Nicholas Robert Ciappetta , New York City Law Department, Office of the Corporation Counsel, Jeremy S. Winer , Cravath, Swaine & Moore LLP, New York, NY, Daniel P. Kearney , Patrick J. Carome , Paul R.Q. Wolfson , Wilmer Cutler Pickering Hale & Dorr L.L.P., Washington, DC, for Defendants.

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs. Here, as a result, an otherwise laudable New York City health regulation designed to alert cigarette purchasers, at the very point of purchase, to the grave dangers of tobacco use must be declared invalid because it imposes burdens on the promotion of cigarettes that only the federal government...

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