FedEx remains on the hook for claims by New York City and New York state that the company violated the law by shipping illegal cigarettes en masse into the state.

Southern District Judge Edgardo Ramos denied the bulk of FedEx's motion to dismiss on allegations it knowingly delivered unstamped cigarettes under the Contraband Cigarette Trafficking Act (CCTA) and the Racketeer Influenced and Corrupt Organizations Act (RICO).

City of New York v. FedEx Ground Package System, 13-cv-09173, had its genesis in a 2006 “Assurance of Compliance” the company signed with the state in which it agreed to comply with New York Public Health Law §1399-11 by ending its relationship with sellers who shipped directly to residences—an agreement the company later gave nationwide effect.