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A precedent for this exists, it seems to me, in the Kefauver Drug Amendments of 1962, which provide that prescription-drug advertising must carry brief summaries about specific conditions that might be brought about in patients through the use of the drugs being advertised
BAD BREATH, GOOD DEFENSE A tobacco hornworm caterpillar fed its usual fare puffs out a warning that deters a predator spider (shown in slow motion)
However, FDA-approved tobacco-cessation products are exempted from the prohibition if they are sold exclusively for the approved purchase, according to a letter last week from Patricia Henley of the Massachusetts Tobacco Cessation and Control Program, reported by State House News Service
However, it's worth noting that not all employers test for nicotine, as drug tests typically focus on illegal substances and alcohol