United States Second Circuit

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US Smokeless Tobacco Manufacturing Co. v. City of New York, 11-5167

Summary judgment for defendant-city is affirmed in action challenging a New York City ordinance governing the sale of flavored tobacco products, where the ordinance is not preempted by the Family Smoking Prevention and Tobacco Control Act (FSPTCA) because the ordinance: 1) is a regulation of sale and not a veiled attempt to regulate the manufacture of tobacco products; and 2) represents an exercise of local police power that Congress specifically allowed in enacting the FSPTCA.

Appellate Information

  • Decided 02/26/2013
  • Published 02/26/2013




  • United States Second Circuit