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The order regarding point-of-sale displays and remand for the district court to evaluate and “mak[e] due provision for the rights of innocent persons,” either by abandoning this part of the remedial order or by crafting a new version reflecting the rights of third parties.
Of course, any such remedy the district court imposes on remand can only affect contracts entered after the injunctive order issues.
 In addition, we agree with Defendants that the injunction appears to order each Defendant separately to require the same retail store to display substantively identical, but separate, signs. The government concedes that, despite the language of the order, the district court could not have intended to require the burden of multiple duplicative displays at each retail store. We therefore direct the district court, if it concludes that some form of a point-of-sale display injunction is still appropriate after considering the rights of third parties and existing contracts, to clarify that its order does not require duplicative displays.

In their next general challenge to fraud liability, Defendantsargue that their false and misleading statements about the health effects of smoking cannot, as a legal matter, be fraudulentbecause their statements were not material. This argument isbased on a flawed understanding of the materiality requirement.In order for a false or misleading statement to qualify asmail or wire fraud, it “must concern a material or important factor matter.”
 This materiality requirement is met if the matter atissue is “of importance to a reasonable person in making adecision about a particular matter or transaction.” Id.Materiality does not require proof that any specific person (ornumber of people) purchased cigarettes as a result of the falsestatements. Nor does it require Defendants’ false statements tobe the cause, reason, or sufficient condition of any person’sdecision to purchase cigarettes. Moreover, no subjectiveevidence regarding any particular person is required; the test isonly whether a reasonable person would consider the matter tobe of importance regarding the transaction.

Although tobacco deaths rarely makeheadlines, tobacco kills one person everysix seconds. Tobacco kills a third to half ofall people who use it, on average 15 yearsprematurely. Today, tobacco use causes 1in 10 deaths among peuple worldwide – morethan five million people a year.
 By 2030, unlessurgent action is taken, tobacco’s annual deathtoll will rise to more than eight million.If current trends continue unchecked, it isestimated that around 500 million peoplealive today will be killed by tobacco. Duringthis twenty-first century, tobacco could killup to one billion people. Most tobaccousers will want to quit but will be unableto because of their dependence on a highlyaddictive substance.Cigarettes and other smoked tobacco productsrapidly deliver the addictive drug nicotine tothe brain immediately after smokers inhale –about as efficiently as an intravenous injectionwith a syringe. The tobacco industry itself hasreferred to cigarettes as a “nicotine deliverydevice”. But because the effects of smokedtobacco last only a few minutes, smokersexperience withdrawal symptoms unless theycontinue to smoke.Although standard cigarettes are the mostcommonly used type of smoked tobacco, othersmoked tobacco products, such as bidis, kreteksand shisha, are gaining popularity – often inthe mistaken belief that they are less hazardousto health. However, all forms of tobacco arelethal. Smoked tobacco in any form causes upto 90% of all lung cancers and is a significantrisk factor for strokes and fatal heart attacks.