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The Central Hudson First Amendment framework, with its distinction between outright bannable false/misleading commercial speech and merely potentially misleading speech, has little relationship to false advertising doctrine as it developed either in the Lanham Act or consumer protection context

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These dangers not only inflict harm on those who smoke or those around the smoker but also the Earth

She compares the posture of people in the photos, combines that with data collected from industry documents, and shows it all as evidence why 45,000 African Americans die from smoking every year