OPINION AND ORDER Plaintiffs Eastchester Tobacco & Vape Inc. (“ETV”), Eastchester Service Station Inc. (“ESS”), Eastchester Service Center Inc. (“ESC”), Chestnut Marts Inc. (“CM”), and Scarsdale Auto Clinic, Inc. (“SAC”), bring this action against defendants the Town of Eastchester (the “Town”), the Eastchester Town Board, Anthony S. Colavita, Joseph Dooley, Luigi Marcoccia, Theresa Nicholson, Sheila Marcotte, and the Town of Eastchester Police Department. Plaintiffs allege the Town’s Electronic Nicotine Delivery Product Law (the “Local Law”), which prohibits “[t]he sale, offer for sale, or distribution of Electronic Nicotine Delivery Products,” is preempted by federal and state law, violates the First Amendment, and is unconstitutionally vague. Now pending is defendants’ motion to dismiss the amended complaint pursuant to Rule 12(b)(6). (Doc. #22). For the reasons set forth below, the motion is GRANTED. BACKGROUND For the purpose of ruling on the motion to dismiss, the Court accepts as true all well-pleaded factual allegations in the amended complaint and draws all reasonable inferences in plaintiffs’ favor, as summarized below. On September 3, 2019, the Town enacted the Local Law. (Doc. #21 (“Am. Compl.”) 38). The Local Law prohibits “[t]he sale, offer for sale, or distribution of Electronic Nicotine Delivery Products…within the Town of Eastchester,” Local Law §3, and it directed all persons to “cease all sales of such products within the Town of Eastchester within six (6) months of” the Local Law’s enactment. Id. §4. The Local Law provides it is to be enforced by the Town of Eastchester Police Department, and that “[a]ny Person who violates” the “Local Law shall be guilty of a violation punishable by a fine not exceeding $1,000.00 for each offense.” Local Law §§5-6. Under the Local Law, “Electronic Nicotine Delivery Products” are defined as: Any article or product, not including cigarettes, cigars, pipe tobacco, or chewing tobacco, made wholly or in part of a tobacco substitute or otherwise containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Electronic Nicotine Delivery Products include, but are not limited to, e-cigarettes, vapes, vaporizers, vape pens, lozenges or other candy, drinks, liquid nicotine or other e-liquids or inhalers. Local Law §2. Plaintiffs are businesses within the Town that either have been cited for violations of the Local Law, have lost business because of the Local Law, or seek to sell products potentially banned by the Local Law. (Am. Compl.
7-11). ETV also alleges it has been cited foroffering to sell component parts of Electronic Nicotine Delivery Products, such as a coil or battery, which do not contain tobacco, a tobacco substitute, or nicotine. (See id.
