Federal Judge in Ohio Issues Temporary Restraining Order on TTB Enforcement of FYO Machines

Publish Date: 
November 24, 2010

A Judge within the US District Court 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 would temporarily block the TTB ruling stating that a 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 temporary restraining order is only good until November 29th at which time it will expire unless the Judge decides to extend it.  No word yet on whether or not the Judge will move to extend.  However, the U.S. government has already weighed in on the Judge’s decision asking for the temporary restraining order to be dismissed.  Below you will find the various rulings and filings (links) on this issue.
 

sites/default/files/RYO%20Machine%20TRO%20Order%20%28November%2015%202010%29_0.pdf
 

sites/default/files/TRO%2011-15-10.pdf

 

sites/default/files/U.S.%20Memo%20in%20Support%20mtd%2011-10-10.pdf

 

sites/default/files/U.S.%20mtd%2011-10-10.pdf