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b) advertising means any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product

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Sanford Bishop of Georgia told The Hill a ban would possibly lead to illegal and unlicensed distribution. In 2020, when the House of Representatives voted for a menthol ban, the ACLU said it could instigate unconstitutional policing and other negative interactions with local law enforcement. Proponents, however, say the FDAs proposal targets manufacturers and retailers, not individual smokers

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