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Even with the amount of smoking declining, cigarettes are still the most littered item in America

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In the majority opinion, the appeals court wrote that the case raises "novel questions about the scope of the government's authority to force the manufacturer of a product to go beyond making purely factual and accurate commercial disclosures and undermine its own economic interest - in this case, by making `every single pack of cigarettes in the country (a) mini billboard' for the government's anti-smoking message." The court also wrote that the FDA "has not provided a shred of evidence" showing that the warnings will "directly advance" its interest in reducing the number of Americans who smoke

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This is the first time Gallup has asked Americans about vaping "in the past week," but the 8% reporting that they have is similar to the percentage last year who said they vape regularly or occasionally