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As much as I don't like government in things. I can't say entirely that there isn't an issue with some marketing techniques being effectively fraudulent. They already came down on tabacco companies pretty hard on this and there has to be some standard for representing something. (They are required to put the warnings on them now)
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I think that the government took the wrong stand in those cases, they came down on tobacco companies for the ill effects of their products, but did not require the companies to remove the dangeruos additives in those products that resulted in the health problems.
If the health risks werent so bad it wouldnt be banned in so many places.