Prevention and tobacco control act

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Reference no: EM132292423

A New York City ordinance prohibits the sale in the city of any flavored tobacco product except in a tobacco bar. The U.S. Smokeless Tobacco Manufacturing Company challenged the validity of the ordinance, arguing that it is preempted by the Family Smoking

Prevention and Tobacco Control Act. That federal law authorizes the Food and Drug Administration (FDA) to establish standards “respecting the construction, components, ingredients, additives, constituents, including smoke constituents, and properties of tobacco products.” Although the statute prohibited the FDA from banning all tobacco products, it banned the use of flavored additives in cigarettes and authorized the FDA to prohibit the use of other ingredients in tobacco products if it deems them particularly harmful to the public health. The federal statute contains a preemption clause that cautions that it should not be construed to limit the authority of states or their political subdivisions to enact rules more stringent than the federal requirements. Is the city ordinance preempted by the federal statute? Explain using the IRAC method (Issue, Rules of law, Analysis, Conclusion)

Reference no: EM132292423

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