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What is FDAs position concerning the tombstone (black and white text) provision in the 1996 rule in light of the Commonwealth decision?

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What is FDAs position concerning the tombstone (black and white text) provision in the 1996 rule in light of the Commonwealth decision?

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FDA believes this is a very important provision of the 1996 rule. The district court ruled in the Commonwealth case that this provision violates the First Amendment. FDA disagrees with the court’s ruling on this provision, and the government has appealed this part of the court’s decision.

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