Southern District Judge Colleen McMahon rejected claims by tobacco companies that the ordinance was preempted by 21 U.S.C. �387. The ordinance, signed into law in October 2009, prohibits the sale of smokeless tobacco products that have as a component part tastes or aromas relating to "any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice."
November 18, 2011 at 12:00 AM
1 minute read
The original version of this story was published on New York Law Journal
A challenge to New York City’s ban on flavored smokeless tobacco has been thrown out by a federal judge.
Southern District Judge Colleen McMahon (See Profile) rejected claims by tobacco companies that the ordinance was preempted by the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), 21 U.S.C. §387.
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