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20 None the less, we found no lawsuits against the makers of candy cigarettes, either before or after the crackdown. In contrast, Philip Morris's trademark enforcement against competing tobacco interests has been vigorous, as shown by its protection of the Player's cigarette name and trademark through repeated federal court proceedings seeking an injunction, profits, damages, and costs

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This is a mechanism by which a company can argue that a new product is similar enough to an existing one to be marketed without further safety testing