A federal judge has refused to enjoin a New York City law severely restricting the sale of flavored tobacco. The plaintiffs, two manufacturers of so-called smokeless tobacco — better known as chewing tobacco and snuff — set forth several constitutional arguments for blocking the law, including that it is pre-empted by the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA), which amended federal law by specifically authorizing the Food and Drug Administration to regulate tobacco.

Finding the tobacco companies unlikely to ultimately prevail, Southern District of New York Judge Colleen McMahon denied their motion for a preliminary injunction.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]