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A comment on Juul, Philip Morris Sued Under Racketeer Act for Targeting Kids. Parent comment

Re:Juul, Philip Morris Sued Under Racketeer Act for Targetin... by cowsandmilk on Tuesday August 20, 2019 @06:42AM (#20745417)
> it was brilliant since you could never prove that they were trying to undermind the warnings

actually, many times you can prove these things. produce the contract showing that juul paid for one ad to run after the other and they are really screwed. Or prosecutors who have a spine could easily just record the number of instances of the ads running together vs. separately and use that as evidence they are not intended to be separate ads. (It might even be possible to subpoena radio stations for their records that would show this).

Generally, judges don't take kindly to the type of "brilliance" that would be going into court and claiming "But they are two separate ads, so we weren't being misleading" if Juul indeed arranged for them to run one after the other.

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Re:Juul, Philip Morris Sued Under Racketeer Act for Targetin... by SkyBelow on Tuesday August 20, 2019 @01:55PM (#20749846)
>Generally, judges don't take kindly to the type of "brilliance"

I see this claim constantly mentioned, how judges really dislike loopholes and such, yet at the same time it seems like lawyers specialize in doing just this. It feels like there are some 'gotchas' that work in court and others that do nothing except anger the court and lawyers are the only ones allowed to know which is which.

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