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[28] RJR officially ended the Joe Camel campaign on July 10, 1997
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
First, most of the included studies relied on participants self-reported information regarding tobacco exposure and clinical outcomes that might be subject to misclassification and inaccurate reporting of both exposure and outcomes
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