NEW YORK (AP) — An appeals court says New York City cannot scare smokers by requiring grotesque images at stores that sell cigarettes.
It says the federal government gets to decide how to warn people about the dangers of cigarettes.
The 2nd U.S. Circuit Court of Appeals in Manhattan issued its ruling Tuesday. The courts rejected a 2009 Board of Health resolution. It had required all tobacco retailers to display signs bearing graphic images showing the adverse health effects of smoking.
The appeals court said the resolution is preempted by the Federal Cigarette Labeling and Advertising Act. It was enacted by Congress in 1965.
Philip Morris USA issued a statement saying it was pleased with the ruling. The city Health Department said the ruling is likely to reduce the number of smokers who quit.