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This is particularly so in the case of a de facto discrimination claim, where a panel must base its determination on the totality of facts and circumstances before it, including the design, architecture, revealing structure, operation, and application of the technical regulation at issue

If HELIOS has an interest in an offered lot and the proceeds therefrom, other than our commission, HELIOS may bid on the offered lot to protect such interest and such bidding shall not be prohibited

Even if a reasonable consumer knew that menthol was an additive, it was still plausible that an additive-free descriptor undermine[d] her knowledge, because menthol is an uncommon substance, compared to products such as almond milk (with no dairy milk) and veggie bacon (no pork)

[101] On social media, marketing includes images associated with youth culture, endorsements by celebrities and social media influencers popular with youth, and themes that have been found to strongly appeal to youth (such as freedom and rebellion)