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Defendants argued that it was implausible for consumers to expect a safer cigarette, because a reasonable consumer would read the disclaimer stating that no additives does NOT mean a safer cigarette. Likewise, they argued that a reasonable consumer knows that menthol cigarettes contain menthol, so would understand that the no-additive term didnt cover menthol

One study comparing practices on and near Tribal jurisdictions in Arizona, California, and Oklahoma between 2015 2017 found that while e-cigarettes were ubiquitous, there was a more variation in conventional cigarette availability, with the most types of cigarettes and more advertisements for cigarettes present at tobacco specialty shops in Tribal Oklahoma

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