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38 The agency then stated that its intent in establishing the 1,000 foot restriction was "to restrict the accessible and intrusive communications of information about cigarettes and smokeless tobacco to children and adolescents at school and at play." 39 The rule explained that the FDA "considered the cost of its [1,000 foot] restriction but conclude[d] that a narrower restriction would not adequately advance its purpose of protecting young people from unavoidable advertising." 40 The Lorillard Court's declaration that a 87 to 91 percent ban on tobacco advertising "would constitute nearly a complete ban on the communication of truthful information about smokeless tobacco and cigars to adult consumers" and the Court's statement that the 1,000 foot restrictions' "breadth and scope

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Wholesalers also have the power to manipulate retail prices, and some retailers take advantage of this by charging prices above those set by the Regie

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