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The general rule is that if you can see it, there is a fair amount of soot, nicotine, or tar on the surface
But the government points to the undeniable fact that smoking is a factor in 78,000 deaths each year, making it the country's leading cause of premature death
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The better way to harmonize the idea of an objective standard with the idea of what consumers actually believe (which the court seems to think of as subjective on an individual basis) is the venerable concept of a substantial number of reasonable consumers. The fact that a substantial component of the customer base is deceived is evidence that their conclusions are reasonable (as opposed to idiosyncratic), and objective things can be said about the aggregate of consumers.] Likewise, even if the menthol representations werent inherently misleading, they were plausibly in fact misleading
They are famous for their robust packaging material that protects premium cigarettes from any type of damage
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