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Furthermore, most of these products are on the market illegally, and are not regulated by the Food and Drug Administration (FDA)

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

Murphys demographics will insulate it for a while, but it will eventually have to adapt to an electrified world

27 Tobacco companies may offer filter alternatives, for example, by reintroducing cigarette holders, but policies could pre-empt this strategy by banning sales of merchandise that could facilitate smoking, including cigarette holders