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At night, he wears a tuxedo and attends parties, plays the saxophone , drawing attention to himself, and sleeps with women who are into him (and that too at the same time)

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

When you continuously inhale tobacco smoke, these substances put you at risk of developing not only cancer but also heart disease and lung disease

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