You're rolling up several issues here. 1) It's none of the Government's business what smoking rates are. All that should matter to the Government is whether s

You're rolling up several issues here. 1) It's none of the Government's business what smoking rates are. All that should matter to the Government is whether smokers are being lied to about cigarettes, i.e., whether their rights are being violated. 2) Some of the FUD was fraud, and thus should be the subject of a) lawsuits, and b) criminal charges. 3) The rest of it wasn't fraud, as you correctly point out, and therefore ought to be legal. 4) Individuals had no hope of picking out the truth of this is patently untrue. Many individuals did.