Ariz. AG files suit over e-cigarettes

Keith Loria Mar. 10, 2011, 2:25am


PHOENIX (Legal Newsline) - Arizona Attorney General Tom Horne announced on Wednesday that he is seeking an injunction against an Arizona corporation that sold electronic cigarettes in the state.

Horne filed a complaint against Smoke Freely LLC, alleging that it made misrepresentations about its Prado Electronic Cigarettes.

An electronic cigarette is a battery-powered device that can provide inhaled doses of nicotine by delivering a vaporized solution. Complaints about Smoke Freely's E-Cigs were made to Professional Marketing Associates, which carries out fulfillment services for the company.

Smoke Freely represents that its product is not a smoking cessation device but PMA represents it as such, Horne says. Furthermore, the FDA has not approved Prado Electronic Cigarettes as a smoking cessation device.

The complaint also alleges that the company promises a risk-free trial if the product is returned in the trial period, but many times the trial period ends before consumers get their merchandise, while others were allegedly told their returns were invalid, Horne claims.

Other consumers, it is alleged, were charged additional fees and some were automatically enrolled to receive additional products, which they were charged for.

Horne is seeking restitution for consumers and civil penalties be assessed against the company.

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