Big tobacco had a minor win, the judge said that the FDA could not the use of color and graphics in their advertisements, which is pretty much in line with the law as I understand it for “corporate free speech,” but allowed a ban on using merchandise and sponsorships to stand:

The judge struck down some modest restrictions on color and graphics in tobacco and on labels that tobacco companies said violated their free speech rights.

U.S. District Judge Joseph McKinley approved bans on sponsorships of athletic, cultural and social events and the use of tobacco imagery on such things as caps and T-shirts, rejecting the companies’ argument that the ban was too broad and failed to differentiate between adults and children.

He also upheld a requirement that warning labels cover half of the front and back of the packaging of tobacco products.

So, their package will be dominated by warning labels, and they cannot sponsor events or hand out ball caps, but they can use pictures and color on the labels.

Pretty much a win for the government.