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WACCO TOBACCO COMPANY, - chicagobar 2025

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The document is a legal brief for the respondent, Ohiowa Tobacco Enforcement Unit, in the case Wacco Tobacco Company v. Ohiowa Tobacco Enforcement Unit, concerning the constitutionality of a graphic warning requirement on cigarette packaging mandated by state law. The brief argues that the requirement does not violate the First Amendment rights of tobacco companies as it compels factual disclosures about the health risks of smoking, which are deemed necessary to inform consumers and reduce smoking rates. The brief asserts that the Zauderer standard applies, allowing for lower scrutiny of compelled disclosures, and contends that the graphic warnings serve a legitimate government interest without restricting commercial speech.

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