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The district court also agreed with RJR Vapor that the comptrollers interpretation of state law was unconstitutionally vague and that the tax violated the companys right to equal and uniform taxation, because the comptroller applies the tax to Velo pouches but not nicotine replacement therapies

Cigarettes had been repackaged in plain white packs, removing identifiable branding and health warnings, however there were multiple instances where Lucky Strike Double Crisp branding was identifiable via logos on the cigarette sticks

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