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Judge: NYC ‘Gruesome’ Anti-Smoking Ads Violate Federal Law


A judge today snuffed out the city law that requires retailers to post disgusting anti-smoking ads near their tobacco products or cash registers.

Manhattan federal Judge Jed Rakoff said mandating display of the “graphic, even gruesome images” is “forbidden” by the federal law that regulates labeling and advertising of cigarettes.

“Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs,” Rakoff wrote.

“Here, as a result, an otherwise laudable New York City health regulation…must be declared invalid because it imposes burdens on the promotion of cigarettes that only the federal government may prescribe.”

The city Health Department adopted the law in 2009, and designed three posters urging people to “Quit Smoking Today.”

The signs demonstrate the dangers of smoking by showing a diseased lung, stroke-damaged brain and a decaying tooth and gums.

“We are disappointed that this important health initiative was rejected by the court,” said Nicholas Ciappetta, the city attorney who handled the case. “We are studying the decision and considering our legal options.”

(Source: NY Post)



7 Responses

  1. Theres nothing wrong with those ads, theyre doing the world a favor. I can’t wait for the day sale of cigarettes becomes assur in bnei brak.

  2. If I recall correctly, there’s research that shows that trying to disgust smokers out of smoking is ineffective. If so it’s not such a big loss to society.

  3. The nanny state loses a battle but they are winning the war.

    Personal liberties need to be respected even if its something as “disgusting” as smoking.

    Smokers are already treated like second and third class citizens and it doesnt look like it’s letting up anytime soon.

    Why do we demonize people for a personal choice that doesnt really hurt anybody but themselves? (and dont give me that stupid argument about “second hand smoke” as smokers arent allowed to smoke in public anymore)

    What really drives me crazy is that the government treats smokers like an ATM. Whenever there is a budget shortfall cigarettes are the first thing to be taxed higher.

    Its a slippery slope and it ends with the government being able to tell you what you can and cant do with your own personal autonomy

    P.S. I’m not a smoker rather just a fan of the Constitution as written

  4. I always knew in my heart that there was something wrong with those signs. I refused to buy smokes in stores with those signs.

    At least the Honorable Judge saw it that way.

    CleverJewishPun, your comments are well though out and admirable righteous comments!

    People are blinded by smoking but, Hawaii Punch with red # 40 and blue #6 is able to be sold with out a surgeon general’s warning. Hippocrates!

  5. I quit smoking sixteen-weeks-and-two-days ago, from twenty a day to zero a day. I think the signs and gruesome pics should be banned, but i can’t deny they definitely helped me to a certain extent; i felt bad every time i had a cig. Hatzlocho to anyone who does take the plunge and quits! It’s hard, but life’s hard. YOU WON’T REGRET IT.

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