Lessons learned from NYC's Point of Sale Sign Legal Challenge

Audience: Policymakers including local public health departments

Key Points:

In September 2009, the New York City Board of Health passed a rule requiring all licensed tobacco retail establishments to display graphic health warning signs illustrating the health risks of smoking and providing cessation information.   The rule was challenged by the tobacco industry and was overturned; however, the case was subsequently appealed to the Second Circuit Court of Appeals.  The tobacco industry argued that the rule was preempted by the Federal Cigarette Labeling and Advertising Act and that the rule violated the First Amendment.   Observations of the tobacco industry’s arguments can help inform other jurisdictions considering a similar policy proposal.   Making the signage a requirement based on the sale of cigarettes without additional requirements based on the advertising or promotion of cigarettes; making clear that the signage is intended to be government speech; using only purely factual, non-controversial images and statements; or focusing on non-cigarette tobacco products can help decrease legal risk.  

Educational Experience:

Participants will identify legal challenges to New York City’s point of sale warning signs.

Participants will be able to identify how to develop policies for point of sale warning signs that would decrease legal risk.

Participants will be able to describe provisions in FCLAA that may affect policies on point of sale warning signs or other retail policies.

 

Benefits: Results may be utilized to inform development of policies on tobacco-related health warning signs.