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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Abstract The purpose of the study was to assess the radiological risk to users and the environment related to the Glo system used to heat tobacco
Fortuny J, Kogevinas M, Chang-Claude J, Gonzalez CA, Hours M, Jockel KH et al (1999) Tobacco, occupation and non-transitional-cell carcinoma of the bladder: an international casecontrol study
La consommation de tabac et lexposition la fume secondaire augmente les risques de dvelopper un cancer de l'estomac