A federal judge has refused to enjoin a New York City law severely restricting the sale of flavored tobacco. The plaintiffs, two manufacturers of so-called smokeless tobacco — better known as chewing tobacco and snuff — set forth several constitutional arguments for blocking the law, including that it is pre-empted by the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA), which amended federal law by specifically authorizing the Food and Drug Administration to regulate tobacco.

Finding the tobacco companies unlikely to ultimately prevail, Southern District of New York Judge Colleen McMahon denied their motion for a preliminary injunction.

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