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The FDA's new marketing restrictions include cigarette warning labels featuring images of a man exhaling cigarette smoke through a tracheotomy hole in his throat, the corpse of a dead smoker, diseased lungs and a smoker wearing an oxygen mask. Tobacco companies are increasingly relying on packaging to build brand loyalty and grab consumers. It's one of the few advertising venues left after the government curbed their presence in magazines, and on billboards and TV. The companies have said the new graphic labels could cost them millions of dollars in lost sales and increased packaging costs. Last November a federal judge blocked the requirement that would have forced tobacco companies to put the images on their cigarette packages and in advertisements starting in September. That decision is being appealed and other parts of the case are still pending. Another case the tobacco companies filed over the marketing restrictions is pending before the U.S. 6th Circuit Court of Appeals in Cincinnati after a judge in Kentucky upheld most of the marketing restrictions. The defendants in Kessler's corrective statements case include Philip Morris USA's parent company, Richmond, Va.-based Altria Group Inc.; Greensboro, N.C.-based Lorillard Inc., and R.J. Reynolds Tobacco Co., and its parent company, Reynolds American Inc., based in Winston-Salem, N.C.
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