Legal Opinion
23-34 94th St. Grocery Corp. v. New York City Board of Health
Court of Appeals for the Second Circuit
Decided July 10, 2012No. Docket 11-91-cvPublishedCited by 28 opinions
1Opinion of the Court
CHIN, Circuit Judge:
In 2009, the Board of Health of the City of New York adopted a resolution requiring all tobacco retailers to display signs bearing graphic images showing certain adverse health effects of smoking. The City did so as part of its continuing campaign to discourage cigarette use by educating New Yorkers about the dangers of smoking. The district court held below that the resolution is null and void because it is preempted by federal labeling laws. We agree, and therefore affirm.
BACKGROUND
A. Federal Regulation of Cigarettes: The Labeling Act
1. Purpose
In 1965, Congress enacted…
2Cases cited23 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Cuoco v. MoritsuguCourt of Appeals for the Second Circuit · 2000
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Force v. Facebook, Inc.Court of Appeals for the Second Circuit · 2019
- Cangemi v. United StatesCourt of Appeals for the Second Circuit · 2021
- Federal Housing Finance Agency v. UBS Americas Inc.Court of Appeals for the Second Circuit · 2013
- United States v. DespositoCourt of Appeals for the Second Circuit · 2013
- U.S. Smokeless Tobacco Manufacturing Co. v. City of New YorkCourt of Appeals for the Second Circuit · 2013
23 more not listed; retrieve them via the Exa API.