Arizona Sues Prado E-Cigs Distributors

Cigarettes, even the electronic kind, aren't good for you. And Arizona Attorney General Tom Horne says some e-cig promoters are going a little too far with their claims and promises.

Horne filed suit against Smoke Freely LLC, an Arizona company that distributes Prado E-Cigs, using the fulfilment services of Professional Marketing Associates (PMA) . Although Smoke Freely doesn't claim that the e-cigs are a stop-smoking devices, the suit claims PMA does.

Horne's suit charges that PMA represents that the Prado E-Cig “is an electronic cigarette used as a smoking cessation device” even though the Prado E-Cig has not been approved by the FDA for that purpose.

Horne said the companies also make misrepresentations about their “Risk Free Trial,” a charge repeated by many ConsumerAffairs.com readers.

“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,” the suit charges.

“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,” the suit alleges.

“I ordered a Prado electronic cigarette for my husband. I was supposed to get charged 9.95 and 13.90. They charged my credit card those amounts, then for $149.90. I ordered it on Jan. 19th and by Feb. 3rd the large amount was charged. I called and they tried to swindle me into accepting to stay with them for 3 months for $29.95 more,” said Norma of Hazard, KY.

Adriana of El Paso, TX, said in a complaint to ConsumerAffairs.com that the same thing happened to her.

“I ordered their trial smokeless cigarette and paid for it with my bank card. Then a few days later they billed me $149.90 for another shipment that I did not order,” Adriana said. .

“They advertised a trial product to buy that would only cost shipping cost, $9.95,” said Vicki of Brooklyn, NY. “They didn't tell me after 2 weeks if I kept the trial product they would charge my credit card $149.00.”