Federal Judge Upholds NYC Flavor Ban Ordinance

[The Straight Story]

Federal Judge Upholds NYC Flavor Ban Ordinance

NEW YORK -- A federal district court judge has issued an order upholding a New York City ordinance that bans the sale of all flavored tobacco products, except cigarettes, that contain a constituent or additive that imparts a characterizing flavor other than the taste or aroma of tobacco, menthol, mint or wintergreen.

Specifically, the ordinance bans flavored tobacco products that have a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice. There is a very limited exception in the ordinance, which allows flavored tobacco products to be sold in several existing "tobacco bars" in the city.

Shortly after the New York City Council adopted the ordinance in October of 2009, a lawsuit was filed in December of 2009 by U.S. Smokeless Tobacco Manufacturing Company and U.S. Smokeless Tobacco Brands Inc., seeking to overturn the New York City flavor ban ordinance. Then, in March of 2010, the same federal judge denied a motion by the U.S. Smokeless Tobacco companies seeking a temporary injunction to block the enforcement of the ordinance.

The new court order issued on November 15, 2011, is in response to a motion for summary judgment by the U.S. Smokeless Tobacco companies to declare that the New York City ordinance is preempted by the 2009 FDA tobacco regulatory law known as the Family Smoking Prevention and Tobacco Control Act. In the court order, the judge relied on Section 916 of the FDA regulatory law. This section of the law, titled "Preservation of State and Local Authority," reads as follows:

http://www.cspnet.com/news/tobacco/articles/federal-judge-upholds-nyc-flavor-ban-ordinance

It's like banning happy meals, for adults.

Personally - I think they should ban all beer that does not taste like bud light, makes it too tempting and people might enjoy it...

[louis-t]

1. I hate the term 'smokeless tobacco'.

You put the crap in your mouth and spit into a cup fer chrissakes. It's gross.

[The Straight Story]

2. Can't stand it either and made my personal choice not to use it, without any help from govt

:)

[Ikonoklast]

3. In New York, tobacconists were tackling people on the sidewalk and forcing it into people's mouths.

Someone had to make them stop.

[MattBaggins]

9. A deadly extremly addictive product that most

people become addicted to at age 13.

[gratuitous]

5. If you were addicted to the product, however

The "personal choice" option may no longer have been available. Philip Morris knew this as early as the 1960s, and worked very hard to keep the nontroversy alive over whether nicotine was an addictive substance or not. As long as they could perpetuate the nontroversy, Philip Morris knew that tobacco users would use this as a psychological excuse to continue smoking or chewing, believing they could exercise their personal choice, seeing as how nicotine wasn't officially addictive.

The flavored smokeless tobacco is a lure to get teen-agers into the tobacco way, creating lifelong addicts for tobacco products, and maintaining the revenue stream for Big Tobacco. Sure, a lot of people are going to die horrible premature deaths, but what's that compared to the wonderful money that can be filched from them in the meantime to support tobacco executives?

[MattBaggins]

8. It's marketed at kids as you well know

The average age people start smoking is 13 and only 1 in 10 start after 18 with number plummeting after age 25.

The tobacco companies know these numbers despite their crocodile tears about "adult products" and "nanny state" or "big meanie gubmint".

[The Straight Story]

10. How is flavor marketed to kids? I know plenty of adults who use these products

I think beer is marketed more to kids, should we ban any flavor of beer that is not 'bland' ?

Where are the parents of these kids?

[SirRevolutionary]

4. My guess is, they're still reaching for vapes

Last I checked, I don't know if NYC law figures e-cigs are "tobacco products" or not, but they were trying to ban e-cigs because some of them taste like fruit or whatever and might entice kids to smoke. That's their thought process anyway. I say ban everything, whatever it is, I'm against it. Let's ban human beings from the Earth, that'll learn 'em to enjoy things others don't like!

[saras]

6. It's more like tobacco child porn

It's fucking fruit flavored tobacco for kids. That's how it's MARKETED. It's not marketed like tobacco for adults.

[Ohio Joe]

7. "It's like banning happy meals, for adults."

:rofl: