Circle K moved to dismiss, arguing that (1) it is implausible that a "reasonable consumer" would be deceived by its advertising, (2) reasonable consumers would understand that a two-pack discount doesn't apply to carton sales, and (3) reasonable consumers could have looked at the receipt, after the purchase was completed, and if they were deceived, could have asked for a refund and a new transaction
91-222), which slightly modified the warning statement on cigarette packages, but did not require any warnings in cigarette advertisements
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But company executives have been quick to point out that while chocolate bars in moderation pose little health risk, no amount of tobacco is considered safe
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