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In a 2-1 decision, the appeals court panel wrote that the case raises "novel questions about the scope of the government's authority to force the manufacturer of a product to go beyond making purely factual and accurate commercial disclosures and undermine its own economic interest in this case, by making 'every single pack of cigarettes in the country (a) mini billboard' for the government's anti-smoking message." The court also wrote that the FDA "has not provided a shred of evidence" showing that the warnings will "directly advance" its interest in reducing the number of Americans who smoke

These disruptions also complicated the distinction between ceremonial and commercial uses of tobacco within AIAN communities (289)Nez Henderson P, et al

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