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But, "that doesn't mean they're going to win." Kaelan Hollon, a spokeswoman for Reynolds American, the tobacco company that led the 2011 suit, says they are "carefully reviewing the FDA's latest proposal for graphic warnings." "We firmly support public awareness of the harms of smoking cigarettes," she says, "but the manner in which those messages are delivered to the public cannot run afoul of the First Amendment protections that apply to all speakers, including cigarette manufacturers."

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The administrative court holds that e-cigarettes are tobacco products and not medicines

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