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studies and anecdotes can suffice, as well as history, consensus, and simple common sense. The evidence of deceptiveness alleged by plaintiffs was sufficient, meaning that enjoining use of the challenged terms or awarding money damages, which would likely cause defendants to remove or change their ads, would advance the governments interest in protecting consumers from deceptive speech

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Smoking tobacco has declined since 1964 when the Advisory Committee to the US Surgeon General concluded that smoking was a cause of lung and laryngeal cancer