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In the updated results released at 8:14 p.m., 74.2 percent (1,071 votes) were in favor of the tax and 25.8 percent (372) were against

"Today obviously, that lobby is much less powerful and successful than it was a generation ago," said Brandt, author of "The Cigarette Century: The Rise, Fall, and Deadly Persistence of the Product That Defined America." The industry is now facing regulation by the Food and Drug Administration, and although one major cigarette company supported the FDA bill, the legislation is widely viewed as a sign that tobacco is finding fewer friends in Washington

This new case could lead to increased scrutiny on employer wellness programs and challenges to health plan fee structures under ERISA

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