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The percentages of current tobacco users at the time of the survey were 24.3% in all and 53.0% among those infected, and current users of HTPs (including dual users) among current tobacco users were 51.3% and 84.5%, respectively

In response, tobacco companies have threatened judicial review, and Philip Morris in particular has said it will seek fair compensation to the tune of billions of pounds once the restrictions are effective.The tobacco companies legal argument is rooted in trade mark law: they say, in part, that because a registered trade mark must be used in good faith in order to be maintained, their rights will go up in smoke because they will be prevented from using them properly

Congress agreed with Kesslers original findings, and in 2009 passed a law also forbidding the tobacco companies from calling cigarettes light or low-tar. But Philip Morris says research done since Kesslers 2006 order justifies the companys claims that such cigarettes are safer than regular ones

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