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Stores can't be forced to post grisly pics of smoking's effects, court rules

The city can't require stores to hang posters

The city can't require stores to hang posters with gruesome images that attempt to deter smoking, a federal court ruled. Credit: Getty Images

You won't have to look at pictures of what cigarettes will do to your lungs when buying them, the United States Court of Appeals for the Second Circuit ruled Tuesday.

The court upheld a 2010 decision striking down a NYC Board of Health code requiring cigarette vendors to display signs containing gruesome pictures and health warnings, saying that it was preempted by federal law concerning cigarette promotions.

The NYC Dept. of Health and Mental Hygiend, which argued that the signs involved the sale, rather than the promotion of cigarettes said the ruling "is likely to reduce the number of smokers who quit."

Cigarette manufacturers, who were joined in their suit by retailers and the New York Association of Convenience stores, expressed pleasure with the decision.  

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