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Second, this sample was representative of adults who smoked or formerly smoked, but not of the US general population

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Indonesia argued that any detrimental impact constituted less favorable treatment, while the United States argued the detrimental impact will not constitute less favorable treatment if it is "explained by factors or circumstances unrelated to the foreign origin of the product." 67 To settle this dispute, the Appellate Body began by considering the meaning of the term "technical regulation." A technical regulation is defined in Annex 1.1 [] as a "[d]ocument which lays down product characteristics or their related processes and production methods with which compliance is mandatory." As such, technical regulations are measures that, by their very nature, establish distinctions between products according to their characteristics or their related processes and production methods