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Attorney General Tom Horne Announces Complaint for Injunction Against Smoke Freely, LLC

PHOENIX (Wednesday March 9, 2011) -- Attorney General Tom Horne today filed a complaint in Pima County Superior Court for injunctive relief, restitution and civil penalties against Smoke Freely, LLC, an Arizona limited liability corporation.  Smoke Freely offers Prado Electronic Cigarettes (“Prado E-Cig”) for sale. An Electronic Cigarette or “E-Cig” is a battery-powered device that can provide inhaled doses of nicotine by delivering a vaporized solution. Professional Marketing Associates, Inc. (“PMA”), a Massachusetts corporation, provides fulfillment services for Smoke Freely and responded to consumer complaints forwarded to Smoke Freely by our office.

While Smoke Freely states its merchandise is not a smoking cessation device, PMA represents that the Prado E-Cig “is an electronic cigarette used as a smoking cessation device.” The Prado E-Cig has not been approved by the FDA as a smoking cessation device.

Defendants also make misrepresentations about their “Risk Free Trial.” Defendants represent to consumers that consumers can pay shipping & handling and try a Prado E-Cig for free. Defendants also represent that consumers can return the Prado E-Cig within the trial period and not be charged anything more than the shipping & handling charge. In reality, some consumers do not receive the Prado E-Cig before the trial period expires, other consumers are charged additional fees before the trial period expires and still other consumers’ returns were considered “invalid” and those consumers were automatically enrolled to receive additional products and were charged for those products.

If you believe you have been a victim of consumer fraud, please contact the Attorney General's Office in Phoenix at 602.542.5763; in Tucson at 520.628.6504; or outside the Phoenix and Tucson metro areas at 1.800.352.8431. To file a complaint in person, the Attorney General’s Office has satellite offices throughout the state with volunteers available to help. Locations and hours of operation are posted on the Attorney General’s Web site, www.azag.gov

This case was handled by AAG Taren Ellis.

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