Lung Association Applauds Court Decision Upholding NYC's Restriction on Sale of Flavored Tobacco Products

Statement of Jeff Seyler, President and CEO, American Lung Association of the Northeast

(February 26, 2013)

In response to today’s action by the U.S Court of Appeals for the Second Circuit affirming the judgment of the U.S. Southern District Court in the case brought against the City of New York by U.S. Tobacco Manufacturing Company, LLC and U.S. Smokeless Tobacco Brands LLC, Jeff Seyler, President and CEO of the American Lung Association of the Northeast released the following statement:

"The Lung Association applauds today’s decision  by the U.S. Court of Appeals of the Second Circuit  which affirmed  the decision by the U.S. Southern District Court upholding New York City's historic law limiting the sale of flavored tobacco products. 

"Today’s decision is important because New York City and other local governments must have the ability to enact laws that will protect the health of their residents.

“The tobacco industry's products flavored like candy, liquor and fruit are clearly designed to appeal to our youth. The City's law restricting the sale of these products is critical to our continued effort to save the next generation from forming an addiction that can kill them.

“In upholding the decision made by the U.S. Southern District Court and denying the summary judgment the tobacco companies sought, the court made it clear that local laws regulating the sale and distribution of tobacco products are not preempted by the federal Family Smoking Prevention and Tobacco Control Act.

“We thank Mayor Bloomberg, the New York City Council, Commissioner Farley and the New York City Department of Health and Mental Hygiene for their continued efforts to improve the health of New Yorkers.”