Aggressive Ban on Tobacco Coupons Upheld in First-of-Kind Ruling

Tobacco and cigarette retailers in Providence, R.I., can’t offer price discounts on tobacco products, the U.S. Court of Appeals for the First Circuit decided Sept. 30, upholding city ordinances prohibiting coupons and multi-pack discounts on tobacco (Nat’l Ass’n of Tobacco Outlets, Inc. v. City of Providence, 2013 BL 269192, 1st Cir., No. 13-1053).

Writing for the court, Judge Timothy B. Dyk, sitting by designation from the Federal Circuit, rejected First Amendment and preemption arguments advanced by a national trade association and several leading tobacco companies, including members of the Altria Group Inc., Reynolds American Inc. and Lorillard Inc. ...