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This interpretation must consider the realities of smoking, illicit trade, product substitution, and youth nicotine use and allow new nicotine products to compete effectively

Dukes as the source of the principle, particularly the Supreme Court's statement that "a class representative must be part of the class and possess the same interest and suffer the same injury as the class members." 329 With respect to proposed Section 1720, the Committee Report suggests that the purpose of this provision is to codify the approach to issue classes announced by the Fifth Circuit in Castano v

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