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So the notion that Congress missed this one is just simply false. He said the ruling shows a complete lack of sensitivity to the public health dimensions of the smoking epidemic, for the fact that its been elaborately demonstrated over and over again that tobacco marketing encourages kids to start smoking. The way to counter that, he said, is with the kind of strong images that Leon ruled against

"So we can pull those adds down and tell our people to live without menthol cigarettes, 'try living free of menthol.'" The opposing argument says a ban goes beyond public health

Politicians should also feel more pressure, she suggests.