Judge strikes down NYC's gruesome tobacco ads
Recent Cases
The city's campaign to scare smokers with grotesque images of decaying teeth or a diseased lung wherever tobacco products are sold was struck down Wednesday by a federal judge who concluded that only the federal government can dictate warnings that must accompany the promotion of cigarettes.
U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.
"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.
He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.
Related listings
-
Iowa Supreme Court upholds taxation of KFC
Recent Cases 01/04/2011The Iowa Supreme Court has upheld a decision to levy corporate income taxes against fried chicken giant KFC.At question is whether the state can impose income tax on revenue received by a company that doesn't have a presence in Iowa. KFC doesn't own ...
-
Florida AG urges spill victims to get lawyers
Recent Cases 12/19/2010Attorneys general in four Gulf Coast states are urging oil spill victims to check with lawyers before settling claims against BP PLC.They issued consumer advisories Friday in Florida, Alabama, Louisiana and Texas. Earlier this week Claims Administrat...
-
SD attorney on trial on child porn charges
Recent Cases 12/16/2010The lawyer for a Sioux Falls defense attorney being tried on child pornography charges told a federal court jury that Leo Flynn sought out the material so he could give legal advice to clients.The 62-year-old Flynn is facing charges including possess...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.