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Plaintiffs in the case argued that the FDA rules interpreting the TCA violated First Amendment principles of freedom of speech by compelling the companies to include warnings that misrepresent or exaggerate the potential effects of smoking. The FDA warnings in question included pictures of diseased lungs, amputations, and surgical scars, in addition to various images of people suffering from other negative effects of tobacco use

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The Florida verdict, however, is far from the first inplaintiffs favor

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