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While the Compass Group decision is a win for plaintiffs, the trajectory of tobacco premium surcharge litigation remains an open question because the other courts are not required to follow the decision

It has, especially for the modern Westerner, not just a visual novelty but a commercial novelty as well: as often as not, surviving examples glorify now-restricted addictive substances like alcohol and tobacco

"Kroger's fast-growing seamless ecosystem takes the promise of zero compromise to the next level, with Kroger Delivery bringing the freshest food and quality ingredients to your own doorstepwhen you want it, how you want it," said Bill Bennett, Kroger Vice President and Head of E-commerce