premarket tobacco product application February 10, 2026: Roundtable on (PMTA) Submissions for Electronic Nicotine Delivery Systems (ENDS) Products - 02/10/2026 Premarket Tobacco Product Applications |

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

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Final Conditioning and Packaging: The freshly cut flakes may undergo a final, brief conditioning period to reach the optimal moisture level for packaging