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In the majority opinion, the appeals court wrote that the case raises "novel questions about the scope of the government's 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 government's 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

In the United States, a federal appeals court struck down similar packaging in 2012, two years after the Food and Drug Administration unveiled graphic warnings as part of the Family Smoking Prevention and Tobacco Control Act