U.S. Smokeless Tobacco Manufacturing Co. v. City of New York

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

McMAHON, District Judge.

INTRODUCTION

Plaintiffs, manufacturers and distributors of smokeless tobacco, commenced this action on December 28, 2009, challenging a recently enacted New York City law restricting the sale of flavored tobacco. Plaintiffs argue that New York’s law is preempted by the federal Family Smoking Prevention and Tobacco Control Act (“FSPTCA”) and violates the Commerce Clause and Due Process Clause of the Fourteenth Amendment of the United States Constitution,

Plaintiffs filed the motion for a…