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54 Because the purpose of Section 907(a)(1)(A) was to curb smoking by youth, therefore, the panel considered potential and actual youth smokers and concluded that because both kinds of cigarettes have characterizing flavors, they both appeal to youth and are "similar for the purpose of starting to smoke." 55 On appeal, the United States noted that Section 907(a)(1)(A) made a regulatory distinction between cigarettes, not only based on their appeal to youth, but also based on their appeal to adults

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