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Leung JM, Niikura M, Yang CWT, Sin DD

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70 Noting that such blanket bans are disfavored, the court wrote that "[i]nstead of instituting a blanket restriction on color and graphics in tobacco advertising, the government may instead restrict only the speech necessary to effect its purposes." 71 Quoting the Supreme Court's opinion in Lorillard , the court stated, "To the extent that studies have identified particular advertising promotion practices that appeal to youth, tailoring would involve targeting those practices while permitting others." 72 Therefore, under the court's opinion, the government may ban advertising directed at youth, but it may not ban advertising for adults because "'so long as the sale and use of tobacco is lawful for adults, the tobacco industry has a protected interest in communicating information about its products and adult customers have an interest in receiving that information.'" 73 Therefore, the court of appeals concluded that the ban on color graphics and text failed the fourth prong of the Central Hudson test because it was more extensive than necessary

To strengthen these outcomes, New York City and other localities considering this policy option could increase spending on state tobacco control efforts more broadly