what if the marketing just says "100 proof alcohol'?
and marketed by who? by the creator to the wholesaler, from the wholesaler to the retail store? or from the store to the consumer?
what if the same product is marketed in multiple ways?
if you just go by marketing, then just about all cars would be banned as the advertisements show them driving at illegal speeds (or does fine print in the advertisement satisfy you, and what does that do to your 'marketing test'?