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Press Release

Press Release # 004-13
Tuesday, February 26, 2013

Kate O’Brien Ahlers (Law) 212-788-0400/
Chanel Caraway (Health) 347-396-4177/
Zoe Tobin (Council) 212-788-7116/

Joint Statement From Health Commissioner Dr. Thomas Farley, Council Speaker Christine C. Quinn and Law Department Corporation Counsel Michael A. Cardozo on the Appeals Court Ruling in Favor of Restrictions on the Sale of Flavored Tobacco Products

Feb. 26, 2013 –New York City applauds a Tuesday U.S. appeals court decision upholding a lower-court ruling banning the sale of flavored tobacco products in the City.


Statement of Health Commissioner Dr. Thomas Farley:

“The decision upholding the ban on flavored tobacco in New York City is an important win for the health of New Yorkers, especially our youth. Flavored tobacco products are marketed to youth, their packaging resembling that of candy and gum, and young people are more likely than adults to try flavored tobacco products. This law, one of the first of its kind in the country, ensures that youth will be protected from these harmful products.”


Statement from Council Speaker Christine C. Quinn:

“Today's U.S. Appeals Court decision to uphold the ban on the sale of flavored tobacco products is a true victory. The City Council and the Administration did not waver in our tireless fight to safeguard youth from these deceptively dangerous products and today's win is a testimony to those efforts. Local Law 69 combats the predatory behavior exhibited by companies that have profited by jeopardizing the lives of children and young adults and it must remain intact. The city remains committed to protecting children and young adults from these harmful products disguised with sweet flavors and brightly colored packaging. We couldn't be happier with today's ruling.”


 Statement from Law Department Corporation Counsel Michael A. Cardozo:

"The City is gratified that the Court's ruling acknowledges 'Congress's explicit decision to preserve for the states a robust role' in regulating sales of tobacco products. The Court also found that the City's sale restriction on flavored tobacco products advanced Congress's objective to 'reduc[e] the use and harmfulness of tobacco products, especially among young people.' We applaud today's ruling, which affirms the lower court decision. This is an important step in helping curb tobacco use."

NYC Health Department General Counsel Thomas Merrill, and Sharyn Rootenberg and Michael Pastor of the Law Department's Appeals Division handled the Second Circuit case, while Michelle Goldberg-Cahn and Sherrill Kurland of the Law Department's Administrative Law Division handled the lower court matter.