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some have even been moldy upon purchase

Defendants contrary argument assumed that a reasonable consumer is so secure in her knowledge that menthol is an additive that an express representation to the contrary, on a heavily regulated product, does not mislead her. But the evidence indicated that [m]enthols properties are not commonly known, even among cigarette users. Before this case, the judge didnt know much about menthol, including whether it was a natural substance or additive

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