Common use of Prohibition on Material Misrepresentations Clause in Contracts

Prohibition on Material Misrepresentations. No Participating Manufacturer may make any material misrepresentation of fact regarding the health consequences of using any Tobacco Product, including any tobacco additives, filters, paper or other ingredients. Nothing in this subsection shall limit the exercise of any First Amendment right or the assertion of any defense or position in any judicial, legislative or regulatory forum.

Prohibition on Material Misrepresentations. No Participating Par- ticipating Manufacturer may make any material misrepresentation misrep- resentation of fact regarding the health consequences of using any Tobacco Product, including any tobacco additivesaddi- tives, filters, paper or other ingredients. Nothing in this subsection shall limit the exercise of any First Amendment Amend- ment right or the assertion of any defense or position in any judicial, legislative or regulatory forum.