BOWLING GREEN, Ky. - Tobacco companies suing the government over marketing restrictions arising from recently passed federal legislation have failed to demonstrate a likelihood of success on the merits of their First Amendment-based arguments, a Kentucky federal judge held Nov. 5 in denying their motion for preliminary injunction (Commonwealth Brands, Inc., et al. v. United States of America, et al., No. 1:09cv00117, W.D. Ky.). From Mealey's Litigation Report: Tobacco