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As the menthol ban's proponents see it, even the choice to start smoking is not really a choice, because consumersin this case, black consumers in particularare no match for Big Tobacco's persuasive wiles

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The court wrote, "It is plausible would nonetheless buy at the inflated price, despite his or her better judgment, even after viewing the receipt, because he or she is now invested in the decision to buy and swept up in the momentum of the events." While this case is still at the very preliminary stages, it does provide some useful things for marketers to think about when developing offers