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NEWARK
– The Office of the Attorney General
and State Division of Consumer Affairs has
filed suit against a New York-based company,
alleging that the firm violated the state’s
Consumer Fraud Act through its advertisement
and sale of roll-your-own tobacco to New Jersey
residents.
American Thrust Tobacco, LLC, located in
Plattsburgh, New York, allegedly told consumers
it was legally permitted to sell roll-your-own
tobacco in New Jersey when, in fact, the
firm was in violation of the federal “Prevent
All Cigarette Trafficking (‘PACT’)
Act” of 2009 and on the federal non-compliant
list, according to the State’s three-count
lawsuit. The enforcement action was filed
in State Superior Court in Essex County.
“We
allege that the company misled consumers
into believing that they could legally purchase
roll-your-own tobacco from the defendant,”
Attorney General Jeffrey S. Chiesa said.
“We’re asking that the court
put a permanent stop to the company’s
illegal activities and impose civil penalties
for the violations it allegedly has committed.”
The State also is seeking reimbursement
of its investigative and legal costs in
this case.
The alleged violations of the state’s
Consumer Fraud Act include unconscionable
commercial practices, making false promises
and knowing omissions of material facts,
as well as false advertising.
“We
won’t allow a business to enrich itself
by misleading consumers,” said Thomas
R. Calcagni, Director of the State Division
of Consumer Affairs. “We will not
tolerate such business practices.”
The
alleged violations committed by American
Thrust Tobacco include:
-
misrepresenting that roll your own tobacco
may be sold to New Jersey consumers and
delivered through the United States Postal
Service, FedEx, and/ or UPS while it was
included on the non-compliant list;
-
misrepresenting that it had complied with
all provisions of the PACT Act and other
legislation;
-
selling roll your own tobacco to New Jersey
consumers while being included on the
non-compliant list;
-
failing to comply with the terms of the
PACT Act and other related legislation;
-
misrepresenting on its websites that it
is “þroperly licensed with
the USA" and "in compliance
with all the rules, regulations and guidelines
affecting the ever changing tobacco industry;"
and
-
misrepresenting on its websites that it
could deliver roll your own tobacco "to
your door.”
Deputy
Attorney General Glenn T. Graham of the
Consumer Fraud Prosecution Section is representing
the Division in this matter. Investigator
Aziza Salikhov in the Office of Consumer
Protection conducted the investigation.
Consumers who believe they have been cheated
or scammed by a business, or suspect any
other form of consumer abuse, can file a
complaint with the State Division of Consumer
Affairs by visiting its website, www.NJConsumerAffairs.gov,
or by calling 1-800-242-5846
(toll free within New Jersey) or 973-504-6200.
Follow
the Division of Consumer Affairs on Facebook
, and check our online calendar of upcoming
Consumer
Outreach events.
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