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Lawyers for the tobacco companies told the justices in court papers that the warnings required by the rule are unprecedented in American history and warned that if the appeals court ruling is allowed to stand, it would give the government permission to require similar warnings on a range of products in order to bully consumers into not using them. They also argued that the warning illustrations are designed to shock rather than inform, because the massive and inflammatory graphics go far beyond what would be necessary to communicate a simple factual message. The Biden administration urged the high court to not step into the case, arguing that the appeals court was right to revive the rule because the warnings are reasonably related to the governments interest in promoting public understanding of those risks (associated with tobacco) and are not unduly burdensome. Attorneys for the government also said that the Supreme Court should not take up the case now since the trial-level court has yet to rule on the companies claim that the FDA violated federal rulemaking procedures when it issued the new requirements

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