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According to the CDC, cigarette smoking remains the leading cause of preventable disease and death in the United States

He began by critiquing the Court's fidelity to Cipollone as unwise, and declared that the Court should "instead provide the lower courts with a clear test that advances Congress' stated goals." 111 He advocated that, instead of relying in Cipollone , the Court adopt the proximate application test and abandon the plurality's predicate duty test because it is "unworkable

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It is a challenge to measure and compare the effectiveness of individual tobacco control policies per se, as they are seldom implemented alone, are measured in different units, and incur different costs