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[56] [57] In March 2025, the animal protection organization The Humane League criticized Circle K for failing to publicly report progress toward its cage-free commitment

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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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While the number of smokers has been declining since the 1960s, smoking remains the leading cause of preventable disease and death, killing more than 480,000 people annually in the United States