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Likewise, additives have also long been known to or believed to potentially increase health risks. Under these circumstances, the reasonable consumer is not expected to defy decades of marketing, which has conveyed that natural, organic, and additive-free products are healthier. Similarly, the FDA and the FTC both determined that the defendants descriptors conveyed a message that their cigarettes were less harmful than other cigarettes

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In Washington, DC specifically, researchers found that stores in predominantly Black neighborhoods were up to 10 times more likely to display tobacco advertisements inside and outside than retailers in areas with fewer Black residents