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The thresholds of public protection such as misleadingness, the avoidance of offence and the protection of children will still be stringently applied.
The fourth prong cannot be satisfied "when the government chooses a policy of suppression over disclosure-a-t least where there is no showing that disclosure would not suffice to cure misleadingness.
183) The court soundly rejected this rationale, finding that "the explanation FDA offers to demonstrate that plaintiffs' claims are misleading--that the claims leave out pertinent information--is not support for banning the claims entirely, but rather favors the approach of remedying any potential misleadingness by the disclosure of additional information.