Federal Judge in Ohio Extends Temporary Restraining Order on RYO Machine Ruling
Judge Dowd has issued an extension on the temporary restraining order on the TTB enforcement of RYO machines until December 13th. However, despite the judge’s ruling it is unclear at this time whether or not some states may have jurisdiction to declare RYO machines as manufacturing devices subject to their own state manufacturing laws.
Judge Dowd, a US District Court judge for the Northern District of Ohio, recently issued a temporary restraining order in RYO Machine Rental, LLC et al v. US Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau, et al, that temporarily blocks the TTB ruling stating that proprietor of a retail establishment who maintains on its premises a commercial cigarette-making machine for use by customers is considered a tobacco products manufacturer and therefore is subject to the permit requirements of the 1986 Internal Revenue Code.
The judge’s ruling – which had been set to expire on November 29th – is now extended until December 13th. The US government has already made clear its objections to the temporary restraining order and filed a request to have the order dismissed.
