Red Earth LLC, et al. v. United States of America, et al.

Plaintiffs, a group of Native Americans who are in the business of selling cigarettes and tobacco products via the Internet, mail and telephone, sued the US and Attorney General Eric Holder, Jr., claiming that the “Prevent All Cigarette Trafficking Act of 2009,” which requires retailers of cigarettes and smokeless tobacco who perform delivery sales to comply with all state and local laws in the jurisdiction where their products are delivered, violates their due process and equal protection rights. Plaintiffs also assert that the Act violates the Commerce Clause, the Tenth Amendment and is void for vagueness. The plaintiffs sought a preliminary injunction. Defendants argued that the plaintiffs failed to make the requisite showing necessary to enjoin enforcement of a federal statute. The Court granted plaintiffs’ motion for a preliminary injunction because there was: (1) a clear likelihood of success on the merits of their due process claim; (2) that they will suffer irreparable injury absent injunctive relief; and (3) that injunctive relief is in the public interest.


Red Earth LLC v. U.S., 728 F.Supp.2d 238, US District Court, Western District of New York (2010).

  • United States
  • Jul 30, 2010
  • U.S. District Court, Western District of New York



  • Red Earth LLC
  • Aaron J. Pierce
  • Seneca Free Trade Association
  • Seneca Smokeshop


  • Eric H. Holder, Jr., in his Official Capacity as Attorney General of the United States
  • United States of America

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product