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Although the Appellate Body disagreed with certain legal standards applied by the panel, it ultimately upheld the panels conclusion that menthol cigarettes and clove cigarettes are like products and that the Tobacco Control Acts ban of non-menthol flavored cigarettes treats imported clove cigarettes less favorably than domestic menthol cigarettes

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9 In reaching this conclusion, the Appellate Body treated this as a case of de facto , not de jure , discrimination

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"It harms your pretty lungs," co-vocalist Jonathan Bree pleads with a stubborn, pink-haired Chelsea, who insists that she's only going to smoke once or twice a week, and she can quit anytime