Flavored Tobacco Ban in NYC Starts Next Week…maybe

When the New York City Council voted overwhelming to ban flavored tobacco in NYC, no one believed it would go anywhere and if it did, it would only affect cigarettes. When the Little General of New York, His Highness Mayor Michael Bloomberg signed the ban in October of 2009, people rolled their eyes and went about their business. Just more New York Crazy. More important things to worry about like how the Yankees and Mets are doing.

I was not one of those dismissing the tobacco flavor ban out of hand. Bloomberg has a habit of banning anything he doesn’t personally like whether he has the legal authority or not. He has a lot of money and is used to getting what he wants. What the New York City Council and Mayor Michael Bloomberg signed into law was an ordinance banning the sale of all tobacco products (excluding cigarettes…..) that contain a characterizing flavor other than menthol, mint or wintergreen.

NY City Ban on Flavored Snus and Moist Smokeless Tobacco a Reality

For those of you who were too busy trying to save their families from economic ruin as the US economy continued its collapse, Jeff Stier of the New York Post wrote this great article “Council Votes to Boost Butts” which will fill you in on the details as they stood last year.

At the time, I commented on Mr. Stier’s article “This is quite frankly unbelievable, even in NYC. FDA has authority to regulate tobacco products ingredients; not a local entity. This politically correct waste of taxpayer money will just drive more tobacco users out of NYC to buy their legal products in New Jersey. I’d submit it’s also a violation of the Interstate Commerce Clause of the US Constitution. What’s next Mayor? Ban hamburgers for the sake of dirty water hot dog vendors? Ban candy, chips, sugar-containing soda and soft drinks as too many New Yorker’s are obese?

The world’s tobacco product producers are not going to manufacture “NY City Only” products. You are going to lose even more tobacco tax revenue than you do now, and we all know inevitably this will end up in Court…at great expense to City taxpayers. Doesn’t the NY City Council have anything Important to work on these days?”

Altria and USSTC Files Suit Against NYC Flavored Tobacco Ban as Unconstitutional…but is it too late?

On February 25th 2010, the Flavored Tobacco Ban takes effect. It will ban all snus, all moist smokeless tobacco, and all tobacco products period with any type of flavoring other than Menthol, Mint or Wintergreen.

Better late than never, Altria, who directly or indirectly owns Marlboro Snus, Skoal, Copenhagen, and Red Seal moist smokeless tobacco products filed suit today in Federal Court to over-turn this insane ordinance. It does feel strange to be rooting for anything related to Altria, but much more is at stake than the stupidity of the NYC Government. If Altria’s lawsuit fails and the Flavored Tobacco Ban stands, what stops YOUR State or Home Town from following New York’s City’s “lead”? My God, Kardus 2010, the finest snus in the world, could be banned! Thunder Berry, the entire Catch Collection, Offroad LE Sweet Clove, both Gotlandssnus and Nordstrommen Julesnus; Banned! How can you ban Christmas Snus? What would Jesus Say? The list goes on and is frightening.

CSN broke the story today with USSTC Fights New York City Flavored Tobacco Ban. It encapsulates the key details nicely so I don’t have to repeat them here. New York City attempting to arrogantly ban flavored moist smokeless tobacco, Swedish snus, and yes, even American snus-like products is only the tip of the iceberg. America faces a much, much larger issue: Government usurpation of our basic human and Constitutional Rights.

Here in Texas, early voting began for the primary elections for Governor. On the Republican side is incumbent Rick Perry. He’s the longest serving Governor in Texas history and has used the time to fill every State committee and board with his political cronies. He spearheaded the drive to turn every new road of any size into a toll road. I am now surrounded by them. I pay a premium to drive on roads which should have been paid for with gas tax money…..except Fund 5, the gas tax fund, keeps being raided for ‘pet projects’.

Challenging him is one of our current Senators in Washington, Kay Bailey Hutchison. While she is loved as a Senator and has served the people of Texas well for 14 years, that same strength is being turned against her by Perry. He paints her as a Washington insider. He accused her voting for billions of dollars in legislative earmarks…. the vast majority of which were to the benefit of Texas, which Perry conveniently leaves out. Texans were getting fed up with Perry but Hutchison is now on the defensive. If this were a two person race, Perry would win with over the 50% required to avoid a run-off.

Then an unknown by the name of Debra Medina showed up. She barely had enough statistical support to be included in the first candidate debate. She has no money. But suddenly polls showed her with 20% of vote. Her sudden popularity came from Libertarians and “Tea Party” voters. She made a gaff on 9/11 which she must recover from but is still coming on strong. If not strong enough to win, strong enough to keep Perry under 50% and force a run-off election against Hutchison. Hutchison needs that to happen because she needs time to change tactics and take the battle to Perry.

What this represents is not exclusive to Texas. People are fed up with Washington in general and afraid of the accelerated Government encroachment into their lives and how they are being told to live them. They are afraid of Mr. Obama’s $1.3 trillion budget and a (conservative) $13 to $17 trillion budget deficit. And their voices are being heard. Both Democrat and Republican Congressmen and Senators have suddenly decided not to seek re-election and the list grows every day; rats deserting a sinking ship. A Cosmopolitan magazine near nude Republican centerfold is how holding the Massachusetts Senate seat the Democrat party had held since John F. Kennedy.

SnusCENTRAL.org’s own RR Hubbard wrote an absolutely brilliant and troubling piece called “Tobacco, The American Revolution of 1776…..and 2010?” The parallels and the role tobacco played then and now is eerily familiar. If you haven’t read this article yet, you must now. It will stun you.

So Good Luck to Altria/USSTC in their lawsuit against New York City on the Flavored Moist Smokeless Tobacco and Flavored Snus Ban. Legally, it should be a slam-dunk in overturning this clearly illegal ordinance. But as the 5th Circuit Court in San Francisco has clearly shown numerous times, having the Law on your side doesn’t guarantee anything. When the President of the United States can attack a recent Supreme Court ruling in his State of the Union Address with total disregard to the Constitutional Separation of Powers of the Executive, Legislative, and Judiciary…… nightmares can come true. God Bless and God Help the United States of America. And life-saving Swedish Snus.

From the SnusCENTRAL Bunker,

LARRY WATERS