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what I initially assumed was a neighbor puffing a cig on an adjacent balcony evolved, in the span of about an hour, into a full-on assault, giving my living room the scent and air quality of the Off-Track Betting where my mom works, circa 1992

Hold it for five seconds before enjoying a long, slow exhale from your mouth

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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