September 22, 2009: NYC Board of Heath issued a resolution to amend Article 181 of the City Health Code. The resolution determined that "[s]moking is the leading cause of preventable death in the United States and in New York City. Up to one half of life-long smokers, depending on age, are expected to die of  tobacco related diseases. Smokers who die of tobacco-related diseases lose an average of 14 years of life. Smokers who die of tobacco-related diseases lose an average of 14 years of life."

The resolution therefore amended Article 181 to require points-of-sale of tobacco to "prominently display tobacco health warning and smoking cessation signage produced by the Department."

December 2009: The City Health Commissioner sent letters to Tobacco Retailers, explaining the implications of the new regulation.

The regulatory plan was to post visually deterring posters that will change to maintain the shocking effect. 

Tobacco retailers, New York Association of Convenience Stores, Lorillard, Philip Morris USA, and RJ Reynolds challenged the validity of the municipal regulation.

December 29, 2010: Judge Jed Rakoff of the Southern District of New York struck down the amendment to Article 181, holding that "[e]ven merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs." Judge Rakoff granted plaintiffs, the "merchants of morbidity," motion for summary judgment, striking down Article 181.19 of the City Health Code after concluding that the federal Cigarette Labeling and Advertising Act preempted local regulatory schemes. 


A poster issued by New York City under Article 181.19: