Tobacco giants Reynolds, Philip Morris & Lorillard claim graphic NYC smoking posters go too far

BY Alison Gendar
DAILY NEWS STAFF WRITER

Thursday, June 3rd 2010, 1:10 PM


Hagen for News: New York City released gruesome public service announcements as part of the City's new ad campaign against smoking earlier this year.

New York City released gruesome public service announcements as part of the City's new ad campaign against smoking earlier this year.

Three tobacco giants are suing the city over graphic anti-smoking posters that stores selling cigarettes have to post near the cash register.

R.J. Reynolds, Philip Morris and Lorillard claim the color images of cancer-ravaged lungs, a decayed tooth and a stroke-damaged brain are "unappetizing" and violate the First Amendment.

"The signs...do not describe the risks of smoking in purely factual terms," claims the lawsuit filed Thursday in Manhattan Federal Court.

The stores are being forced to "undertake graphic advocacy on behalf of the city" - which is barred by the First Amendment, the court papers allege.

The suit was joined by two grocery stores and two retail groups.

Calls to City Hall and the city Health Department were not immediately returned.

Related article:Philip Morris, R.J. Reynolds and Lorillard sues city over posters, says they are unconstitutional