It's Not New York City's Job To Scare The Shit Out Of Smokers, Appeals Court Rules
Still want that cigarette?
It's not the job of the City of New York to force tobacco retailers to display disgusting images in their stores depicting some of the more repulsive health consequences of smoking in an attempt to scare the shit out of smokers, the 2nd U.S. Circuit Court of Appeals in Manhattan ruled today.
In 2009, the City's Board of Health issued a resolution that would have required tobacco retailers to display disgusting images -- like those posted above -- at their stores as part of the city's crusade to protect you from yourself.
Unfortunately for the health nuts at the BOH, Congress enacted the
Federal Cigarette Labeling and Advertising Act in 1965, which preempts
any resolution the the BOH issues in regard to cigarette advertising.
Thus, the Court ruled that it's the job of the federal government -- not
the City of New York -- to determine how to warn people about the
dangers of tobacco use.
Mayor Mike Bloomberg, the chief of the City's health police, is yet to comment on the ruling. However, his office directed us to the BOH, which says the following about the Court's decision:
"The City's warning signs depicted the grisly toll of smoking and provided helpful information about how to quit at a place where smokers were most likely to see it. Today's ruling is likely to reduce the number of smokers who quit. Despite huge strides in combating smoking in New York City, tobacco remains the City's number one killer and we remain committed to providing smokers with life-saving information and resources to overcome their addiction. For help quitting smoking, call 311."
There you have it, New York -- you're officially free to slowly kill yourself without the City's health bullies to remind you that you're doing it.
Get the This Week's Top Stories Newsletter
Every week we collect the latest news, music and arts stories — along with film and food reviews and the best things to do this week — so that you’ll never miss Village Voice's biggest stories.