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

Statement by Michael Seilback, Vice President of Public Policy and Communications, American Lung Association in New York

(November 16, 2011)

In response to yesterday’s action by the U.S. Southern District Court terminating the case brought against the City of New York by U.S. Tobacco Manufacturing Company, LLC and U.S. Smokeless Tobacco Brands LLC, Michael Seilback, Vice President of Public Policy and Communications at the American Lung Association in New York, released the following statement:

 “The Lung Association applauds yesterday’s decision by the U.S. Southern District Court which upholds New York City’s historic law limiting the sale of flavored tobacco products. 

“It is imperative that New York City and other local governments have the ability to enact laws regulating tobacco 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 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.”