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In the majority opinion, the appeals court 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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Protocol amendments are submitted to each hospital REB for approval prior to implementation