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and Santa Fe is in compliance with the [Memorandum of] Agreement. Given the ongoing challenge to the MOA, defendants promise to remove the terms was only a promise, and they didnt carry the formidable burden of showing that it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur. So injunctive relief claims could proceed.

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Statistics show teens have been choosing e-cigarettes also known as vaping at a higher rate than other tobacco products for four consecutive years

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[28] Arnold was a recovering alcoholic, having stopped drinking in 2016