Independents Gas & Service Stations Ass'n v. City of Chicago

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

The plaintiffs in this case, Independents Gas & Service Stations Associations, Inc. and Quick Pick Food Mart, have sued the City of Chicago.1 They allege that the city’s flavored tobacco ordinance is preempted by the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), 21 U.S.C. § 387p (count 1), unconstitutionally vague1 under the Fourteenth Amendment of the U.S. Constitution (count 2), and both a" violation of vested rights and improperly retroactive under the Due Process Clause of the Illinois Constitution…