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I had a short fuse and was just a little snappy at times

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

The Cuban government regulates cigars and all tobacco is sold to the government at a fixed price

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According to Portland State University, Tobacco is a sensitive plant to grow, and therefore needs multiple pesticides, fungicides and herbicides are added to the crop throughout its growing season