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9 Vending machine sale of alternative nicotine products is restricted to locations inaccessible to underage persons or locked and under control of the owner

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

JAMA Psychiatry 77 , 409419 (2020)

The normal range is 1.0-4.2 g/dL

9.5.8 Private Identification Without Disclaimer A private identification document without a disclaimer is nonmailable (18 USC 1738

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