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If the agency is sued, he added, "we strongly believe this will hold up under any legal challenges." Reynolds American, maker of Camel and Newport cigarettes, said it supports public awareness efforts on tobacco, "but the manner in which those messages are delivered to the public cannot run afoul of the First Amendment." Reynolds was one of five tobacco companies that challenged the FDA's original warning labels

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By the 90s, almost everyone was aware that smoking is bad for you the surgeon general had been saying so since the 60s but establishing the idea that tobacco companies knowingly deceived the public about the health effects of tobacco was an important part of a larger litigation strategy