Any assumed disclosure could cure deception with a simple explanation that the inherently misleading speech is a lie. [Again, both a good point about the unworkability of the current inherently misleading test under First Amendment doctrine and a good demonstration that the test isnt set up to judge tort claims.] However, the rest of the Central Hudson test can also be skipped, and the speech at issue banned outright, if the speech is in fact, misleading. The standard here is not that of a reasonable consumer, but a subjective standard
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The study also includes excerpts from numerous internal company documents reflecting the industrys sophisticated marketing approaches in areas including: Building a menthol market in Black communities The report examines tobacco industry efforts to sell more menthol products within Black communities by deluging urban centers with menthol cigarette advertisements on billboards, buses and subways, distributing free starter packs and discount coupons, and featuring prominent Black athletes and entertainers in menthol advertisements in leading Black newspapers and magazines
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"In 1953, 5 percent of African Americans used menthol products
