Cigarette manufactures and retailers aim to reverse a New York City regulation that requires cigarette retailers to place posters near their cash registers or next to tobacco products carrying blunt warnings about the dangers of smoking.
Cigarette manufacturers Lorillard, Philip Morris and RJ Reynolds joined with the New York State Association of Convenience Stores and retailers in filing a federal lawsuit against the city of New York , challenging the legality of a new city health department rule that forced about 11,500 tobacco sellers to post graphic images of diseased brains, lungs and teeth in areas where cigarettes are sold. Since late in 2009, the city has required the retailers to post them within three inches of cash registers or in each place where tobacco products are displayed.
The suit, filed in the district court in Manhattan, contends that the placard rule infringes on the federal government’s authority to regulate cigarette advertising and warnings and violates the First Amendment rights of store-owners who disagree with their message. It also argues that the placards are so disgusting that they hurt business by discouraging people from buying not only cigarettes but also more wholesome merchandise like milk and sandwiches. (pi)