Anti-smoking ads struck down in New York
Last Updated: Thursday, December 30, 2010 | 2:40 PM ET
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A New York City social media campaign promotes the city's 'quit line,' as part of Mayor Michael Bloomberg's efforts to expand the city's anti-tobacco initiatives. (Facebook)A New York City anti-smoking law that would require convenience stores to show grotesque images of diseased lungs, brain and teeth has been struck down by a federal judge.
In handing the victory to tobacco companies, U.S. District Judge Jed Rakoff said the city's Board of Health code requiring the displays was well-intentioned but overstepped its mandate, since only the federal government had the authority to impose conditions on cigarette promotion.
"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said in his 13-page ruling at Manhattan Federal Court on Wednesday.
The ruling noted that roughly 7,500 people in the city die from smoking annually — "more than from AIDS, homicide and suicide combined."
The U.S. decision came days before an agreement to delay enforcement of the rule was to expire this weekend.
New York City's department of health and mental hygiene said in a statement that it was "disappointed in and strongly disagrees" with the ruling.
The three different New York signs also depict the harmful effects of smoking on the body, such as "smoking causes tooth decay," with a number for the city's help line to assist smokers trying to quit.
The U.S. government requires tobacco companies to print surgeon general's warnings about potential health problems on all cigarette packages, ads and billboards.
In 2003, New York City banned smoking in bars and restaurants with few exceptions for parts of outdoor cafes. In September, Mayor Michael Bloomberg said he hopes to ban smoking in parks, beaches, boardwalks, pedestrian plazas and other outdoor public spaces.
With files from The Associated PressShare Tools
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