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Updated 01/12/2010 05:09 PM

City Council Defends Lawsuit Banning Sale Of Flavored Tobacco

By: NY1 News

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City Council Speaker Christine Quinn took aim today at the tobacco industry, saying the legislative body would not back down on its new law, despite a lawsuit filed by the industry.

The law, which is set to take effect next month, bans the sale of all flavored tobacco products in the five boroughs.

Last year, the federal government banned the sale of candy-flavored cigarettes nationwide. But the city law passed in October goes much further and includes flavored cigars, cigarillos and smokeless tobacco with flavors like vanilla, chocolate and honey.

Elected officials say those products are often placed close to candy displays and are blatantly targeted at children.

The tobacco industry has filed a lawsuit, calling the law unconstitutional because it interferes with interstate commerce and that federal law preempts any local law.

Joined by anti-smoking advocates, Quinn said the City Council stands behind the law.

"It is clearly another example of the unfettered greed of the tobacco industry," she said. "And it is a slap in the face to public health and a slap in the face to the children of New York City. But it is not something we're afraid of. This is a solid law. This is a smart law. This is a law we have the power to have passed. So go ahead big tobacco, you can bring it on."

Quinn said there will be no settlement or discussion, and that she is confident that the law will stand up in court.