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in light of the disclosures placement underneath the barcode and divorced from the Surgeon Generals warning, money damages or an injunction would materially advance the states interest even as to the additive-free term, because a substantial number of consumers would not think to look there for that disclosure, or would not even see the disclaimer until after they were deceived into paying a premium for Natural American cigarettes. Was the regulation no more extensive than necessary

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The Defendants final argument that any misunderstanding could be dispelled through a new disclosure misapprehends the inherently misleading test

One is as confidence that the fight is largely won