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State It is an affirmative defense in a proceeding alleging an unauthorized sale of Restricted Products to a minor, that the minor produced an Acceptable Form of Identification and successfully completed a transaction scan, and that the tobacco product had been sold, delivered or given to such person in reasonable reliance upon the identification and transaction scan

September 2005

There is also a strong public health case for implementing display proposals in a shorter timeframe

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