A Legal Look at Bloomberg's Latest Anti-Cigarette Push - Law Blog ...

By Jacob Gershman

It was less than three years ago when a federal judge?struck down a city law?forcing New York City businesses that sell cigarettes to display graphic posters depicting the ravages of tobacco-related diseases.

Mayor Michael Bloomberg is now trying a new approach, backing a bill that would require shop owners to keep tobacco products out of sight from consumers.

Here?s the actual language of the?draft legislation:

A retail dealer shall not display or permit the display of any cigarettes or cigarette packaging in a manner that allows a person to view such cigarettes or cigarette packaging prior to purchase at any place of business operated by such dealer.

(The bill would also prohibit a person younger than 18 years old from entering a cigar shop or other tobacco store unless accompanied by a parent or guardian. And to work there, a minor in most cases would need written parental consent.)

You might be wondering: If the city?couldn?t?make businesses put up those warning posters about the products, can it force stores to conceal the products altogether? Let?s take a look at the law. . . .

Source: http://blogs.wsj.com/law/2013/03/19/a-legal-look-at-bloombergs-latest-anti-cigarette-push/

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