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They cannot be properly recycled and often end up in our landfills, beaches, and our oceans, which we have seen firsthand. The measure would also ban online retailers from shipping the disposable devices to the state
[23] Brian King, Looking Back, Looking Ahead: FDAs Progress on Tobacco Product Regulation in 2022 (Jan
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
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