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Lastly, the court of appeals rejected PMUSA's argument "that its challenged advertising practices constitute '[t]ransactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under the statutory authority of the United States,' and, as such, are excepted from the [MUTPA]." 68 The court disagreed and found that the consent orders the FTC used with particular tobacco companies were not "an across-the-board approval." 69 Further, the court pointed out that, had the FTC intended to "authorize" these kinds of advertisements, it needed only to exercise its rulemaking authority

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The plot is far from original