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Absolutely, they should be (and ARE) legally required to make it clear that these are still bad for you in all of their advertising

Tar Stays Behind and Suffocates Lung Tissues Tar is a major byproduct of cigarette smoke

Characterizing flavors are defined as a clearly noticeable smell or taste other than one of tobacco, resulting from an additive or a combination of additives which is noticeable before or during the consumption of the tobacco product. In other words, a tobacco company could still add menthol, but at such an amount that it could claim a smoker wouldnt be able to notice it

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