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The usual First Amendment test for restrictions on commercial free speech is set out in the Supreme Courts Central Hudson decision

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It bars retailers limited to those in unincorporated areas of the county from selling any flavored nicotine product, including menthol, fruit, candy, dessert or alcohol flavors but not the taste or aroma of tobacco, according to the draft ordinance

In his ruling Wednesday, Leon wrote that the graphic images were neither designed to protect the consumer from confusion or deception, nor to increase consumer awareness of smoking risks