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Cigarette ads The parties are negotiating how the corrective statements will appear on the manufacturers’ websites for the first five years of the court order. The goal is to reach a mock-up resolution by Oct. 23. The 1998 Master Settlement Agreement with 46 state attorneys general led to significant industry changes that included banning cigarette billboards, stadium advertisements and brand-name merchandise. Restrictions became more extensive in 2009 when Congress gave the Food and Drug Administration broad regulatory authority over nearly every aspect of tobacco product manufacturing and marketing. “We remain committed to aligning our business practices with society’s expectations of a responsible company,” Garnick said. “This includes communicating openly about the health effects of our products, continuing to support cessation efforts, helping reduce underage tobacco use and developing potentially reduced-risk products.” Matthew Myers, the president of Campaign for Tobacco-Free Kids, said in April that he had mixed feelings about the appellate court’s ruling. “While the ruling should clear the way for publication of these long-overdue corrective statements, it is disappointing that the court rejected the ‘here is the truth’ requirement,” Myers said. “The fact that tobacco companies have repeatedly fought this simple phrase shows they haven’t changed and remain as allergic to the truth as ever,” he said. In court filings, the manufacturers have argued that the 2009 Tobacco Control Act eliminated any reasonable likelihood the companies would commit future violations, thus making the need for remedies, such as corrective statements, moot. The manufacturers filed a joint appeal of Kessler’s ruling in January 2013.

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