Sure, but only if the revenue is used to directly benefit those who are bearing its burden. Raise the cigarette tax and use the money to fund anti-smoking programs and services, research, and treatment for smokers, especially in poorer communities and communities of color, and the policy is no longer regressive but progressive. It could reduce, rather than exacerbate existing income and health inequities.

This is quite a twist, since usually Congress oversees the enforcement of laws. Here, Representatives Waxman, Harkin, and Welch are requesting that their state Attorneys General violate the law by illegally enforcing an invalid contract.

The point is that there was no way for the cigarette companies to comply with the law, other than to change the banned descriptors to a new term. And no matter what term they chose, consumers would have figured out which brand was which. Moreover, the law did not specify or imply that the companies were prohibited from informing consumers which brand was which.

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