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In our study we show that (1) current smoking rates among American adults over the last five decades have fallen because persons over the age of ~ 27 had a lower probability of cigarette use, and (2) the decline in prevalence of smoking from 1971 to 2020 has not been equal among birth cohorts

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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