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Sales Restrictions On Flavored Tobacco Are Not Preempted, 2nd Circuit Rules

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NEW YORK - Restricting the sale of flavored tobacco products to certain retail outlets in New York in an effort to prevent minors from buying them is not tantamount to regulating how those products are manufactured, the Second Circuit U.S. Court of Appeals said in a Feb. 26 opinion, affirming a lower court ruling that such regulations are not preempted (U.S. Smokeless Tobacco Manufacturing Company LLC, et al v. City of New York, No. 11-5167, 2nd Cir.; 2013 U.S. App. LEXIS 3973)....(read more)

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