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1st Circuit snuffs challenge to city tobacco ordinances

National Association of Tobacco Outlets v. City of Providence

The 1st Circuit dealt a blow to tobacco retailers when it upheld two ordinances issued by the City of Providence that prohibited discounting of tobacco products and all sales of flavored, non-cigarette tobacco in outlets other than smoking bars. The Court rejected the tobacco retailers’ claim that the pricing ordinance violated the First Amendment. It also concluded that federal law does not bar municipalities from banning products from some types of retail outlets, if the products remain available for purchase in others. 

Free speech concerns

Contributing Author

Courtney Saleski

Courtney Saleski is a partner at DLA Piper.

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