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75 In this discussion, the court found that following an investigation in 1992, the FTC had reaffirmed its position that "descriptors were not deceptive if substantiated by FTC method results," and that despite knowledge of the weakness in the FTC Method, it "remains the federal mandated standard for cigarette testing." 76 Although the court acknowledged that claims based on fraud and intentional misstatement are not preempted under Cipollone , it declared that the use of "FTC-approved descriptors cannot constitute fraud." In the court's view, "[m]anufacturers are essentially forbidden from making any representations as to the tar and nicotine levels in their marketing about tar that are not based on the FTC method." Therefore, the terms "light" and "lowered tar and nicotine" cannot be inherently deceptive or untrue
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