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57 The Appellate Body agreed with the United States that the panel should have considered adult smokers as well as youth smokers: "In an analysis of likeness based on products' competitive relationship, it is the market that defines the scope of consumers whose preferences are relevant." 58 The proportion of youth and adults smoking different types of cigarettes may vary, but clove, menthol, and regular cigarettes are smoked by both young and adult smokers

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A similar proposal has been floated in the Texas Legislature, but its on hold after a budget board estimated it would cost the state more than $42 million in cigarette tax revenue over two years