Federal Preemption of Municipal Tobacco Ordinances:New York City and the Federal Cigarette Advertising and Labeling Act

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Federal Preemption of Municipal Tobacco Ordinances:New York City and the Federal Cigarette Advertising and Labeling Act

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dc.contributor.advisor Peter Hutt en_US
dc.contributor.author Klein, Jennifer Michele
dc.date.accessioned 2012-04-18T16:12:14Z
dc.date.issued 2011
dc.identifier.citation Jennifer Michele Klein, Federal Preemption of Municipal Tobacco Ordinances:New York City and the Federal Cigarette Advertising and Labeling Act (April 2011). en_US
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8592148
dc.description.abstract In contrast to the Family Smoking Prevention and Tobacco Act of 2009, which appears to preserve a strong role for states and cities to participate in and strengthen tobacco regulation, the Federal Cigarette Labeling and Advertising Act (FCLAA) has placed significant limitations on the anti-tobacco policies that local governments can enforce. This paper argues that cities may have unique needs not adequately addressed by federal regulations and that, as a normative matter, they should be able to pass laws that better reflect the needs and desires of their residents. Using New York City as an example, I will illustrate three cases in which city ordinances have been invalidated by federal preemption under FCLAA. I will explain the type of analysis in which judges have typically engaged in order to find preemption in these cases. These judges have tended to place a strong emphasis on the values codified by the Supremacy Clause of the United States Constitution while de-emphasizing the presumption against preemption for regulations that implicate states’ traditional police powers. en_US
dash.license LAA
dc.subject.other Food and Drug Law en_US
dc.title Federal Preemption of Municipal Tobacco Ordinances:New York City and the Federal Cigarette Advertising and Labeling Act en_US
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-04-18T16:12:14Z

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