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The court went on to hold that, even if it believed that FTC action "short of formal rulemakingincluding consent orders[could] implicitly preempt state law in some cases," it did not think that this was one of those instances, because "the plaintiffs' state-law claims do not pose a threat to any federal regulatory objectives in the FTC's approach to tar and nicotine claims in cigarette advertising." 67 The court said it could not "discern a coherent federal policy on low-tar claims, let alone one driven by the sort of 'important means-related federal objectives' necessary to preempt conflicting state law." Thus, the court determined that the plaintiffs' claims were not impliedly preempted

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(2013) operationalized smoking susceptibility as answering anything but definitely not to two questions from the National Survey on Drug Use and Health (NSDUH): If one of your best friends offered you a cigarette would you smoke it? and At any time during the next 12 months do you think you will smoke a cigarette? Susceptibility to smoking among never smoking youth decreased from 23% to 20% between 2002 and 2008