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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 governments 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 governments 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

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