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The court denied the motion, holding that -- at least for the purposes of a motion to dismiss -- the plaintiff has sufficiently pled his claims

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For current vapers who mainly use disposable vapes, the most popular brands in 2026 were Lost Mary (44%), Elf Bar (36%), Crystal Bar (30%) and Blu Bar (13%) For current vapers who mainly use cartridge type devices, the most popular brands were Lost Mary (29%), Elf Bar (18%), Crystal (14%), Vuse (11%) and IVG (11%)

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Descriptive statistics were used to identify proportions of cigarette butts in each classification and 95 % confidence intervals (95 % CI) were calculated based on the binomial distribution