U.S. Federal District Judge Extends Temporary Restraining Order on Ban on RYO Machines

Publish Date: 
December 16, 2010

The federal district court judge in Ohio, Judge Dowd, has extended his temporary restraining order prohibiting the Alcohol and Tobacco Tax and Trade Bureau (TTB) from enforcing the rule regulating commercial RYO machines.  Judge Dowd first issued this temporary restraining order on November 15th and then issued an extension of that order – which had been due to expire on November 29th – until December 13th.  Most recently, Judge Dowd issued a new extension of the temporary restraining order until December 27th.

The judge’s order temporarily blocks the TTB ruling stating that the 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 U.S. government has already made clear its objections to the temporary restraining order and has filed a request to have the order dismissed.