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While it supports federal regulation of the tobacco industry, Altria Group, which is not a party to the federal lawsuit, said in comments to the FDA that certain provisions, including the warning labels exceed constitutional limits. If the warnings are designed to disgust, to frighten, or to persuade on the theory that adult smokers should be encouraged to change their behavior notwithstanding their awareness of the risk, then such warnings are likely to be unconstitutional, the company wrote

Even someone who considers themselves to be a casual smoker may have difficulty abstaining if they are told they may not have a cigarette for a certain period of time

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