Judge strikes down NYC's gruesome tobacco ads

Recent Cases

The city's campaign to scare smokers with grotesque images of decaying teeth or a diseased lung wherever tobacco products are sold was struck down Wednesday by a federal judge who concluded that only the federal government can dictate warnings that must accompany the promotion of cigarettes.

U.S. District Judge Jed S. Rakoff handed a victory to the nation's three largest tobacco manufacturers and the retailers who sell their products when he ruled on the legality of a 2009 city Board of Health code change requiring the display of smoking cessation signs where tobacco products are sold.

"Even merchants of morbidity are entitled to the full protection of the law, for our sake as well as theirs," Rakoff said. He released the written decision just days before an agreement among the parties to delay enforcement of the rule was to expire on Saturday.

He said the federal Labeling Act, first enacted in 1965, sought to balance public and commercial interests with a comprehensive federal program to deal with cigarette labeling and advertising. He said it was created in part to prevent "diverse, nonuniform and confusing cigarette labeling and advertising regulations." Part of the law dictated that no state law could impose a requirement or prohibition with respect to advertising or promotion of cigarettes, he noted.

Related listings

  • Iowa Supreme Court upholds taxation of KFC

    Iowa Supreme Court upholds taxation of KFC

    Recent Cases 01/04/2011

    The Iowa Supreme Court has upheld a decision to levy corporate income taxes against fried chicken giant KFC.At question is whether the state can impose income tax on revenue received by a company that doesn't have a presence in Iowa. KFC doesn't own ...

  • Florida AG urges spill victims to get lawyers

    Florida AG urges spill victims to get lawyers

    Recent Cases 12/19/2010

    Attorneys general in four Gulf Coast states are urging oil spill victims to check with lawyers before settling claims against BP PLC.They issued consumer advisories Friday in Florida, Alabama, Louisiana and Texas. Earlier this week Claims Administrat...

  • SD attorney on trial on child porn charges

    SD attorney on trial on child porn charges

    Recent Cases 12/16/2010

    The lawyer for a Sioux Falls defense attorney being tried on child pornography charges told a federal court jury that Leo Flynn sought out the material so he could give legal advice to clients.The 62-year-old Flynn is facing charges including possess...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

Business News