A New York appeals court has blocked New York City from requiring graphic warnings on cigarette displays in retail outlets, saying regulatory power lies solely with the federal government.

“This suit has always been about who has the authority to regulate the content of cigarette warnings,” Philip Morris USA (PM USA) said in a statement on 10 July. “That is a power reserved to the federal government without interference or additional efforts by state and local authorities.”
PM USA, RJ Reynolds Tobacco, Lorillard Tobacco and retail groups were among those challenging the display resolution passed in 2009. A federal district court judge blocked the displays in 2010, a ruling that was upheld by the appeals court. The decision by a three-judge panel of the Second US Circuit Court of Appeals was unanimous. (pi)