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O2PUR

TINA.org investigated e-cigarette company O2PUR and found that it deceptively advertised the health and financial benefits of switching to e-cigarettes, enrolled consumers in a negative option offer without properly disclosing all the terms, and advertised a free starter kit that was not free, in violation of a 2014 Settlement Agreement with the State of Utah.

Highlights

  • Filed complaint with Utah attorney general
  • Utah filed enforcement action
  • Company and founder required to reimburse consumers and pay more than $40,000 to settle action
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Timeline

2017
January

The Utah Division of Consumer Protection enters into a Settlement Agreement that requires Scott Barth to pay the Division $37,500 for violating the previous agreement, plus $5,000 to be paid by his company, Alpha International Marketing. Barth also agreed to provide full refunds to consumers who were charged for “free” trials and who file complaints within 12 months of the agreement.

2016
September 16

The Utah Division of Consumer Protection brings a formal action against former Vapex executive Scott Barth seeking to impose fines for violating the previous Settlement Agreement in connection with his marketing of O2PUR.

February 4

TINA.org sends a letter to Utah Attorney General Sean Reyes and Director of the Division of Consumer Protection Daniel O’Bannon alerting them to related e-cigarette company O2PUR’s deceptive marketing campaign, as well as violations of a Settlement Agreement between the State of Utah and e-cigarette company Vapex and executives.

2014
October 10

E-cigarette company Vapex and company executives, Scott Barth and Kourtney Salvatori, among others, enter into a Settlement Agreement with the State of Utah that prohibits them from making unsubstantiated, false, or deceptive marketing statements about their e-cigarettes.

Evidence

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