Court Upholds N.Y. Ad Ban On Tobacco Ads

An appeals court ruled last week that New York City’s ban on outdoor tobacco ads does not violate a federal law preventing states from restricting cigarette ads.
The U.S. Court of Appeals for the 2nd Circuit overturned a lower court’s finding that the city’s
ordinance did not comply with the Federal Cigarette Labeling and Advertising Act, a law prohibiting states from banning tobacco ads for health reasons.
Several city supermarkets, the Advertising Freedom Coalition and the Advertising Club of New York filed suit against the city in 1998 on the basis of the federal preemption and on the grounds that the ordinance violates free speech.