.K4MALA D.

HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

. Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 17,2012

Via First Class Mail Brian Pyatt BnB Enterprise 344 Maple Avenue West Vienna, VA 22180-5612 RE: www.manta.comfc/mt7r8by/bnb-enterprise-llc

Dear Mr. Pyatt: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. .' SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for,subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16,2012 . . Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health.& Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees y.ou have.

Brian Pyatt BnB Enterprise February 17, 2012 Page 2 If you have any questions, we can be reached at the phone number and email address . listed above. Thank you for your prompt cooperation.

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Deputy Attorneys General For JF:dbm
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KAMALA D. HARRIS
Attorney General

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KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622~2183 Facsimile: (510) 622-2270 E-Mail: Harrison.PoIlak@doj.ca.gov

February 9, 2012 Michele Ross Breathe Fresh E-Cigarettes 7429 NW 48th St. ,Miami, FL 33166 RE: Breathe Fresh Electronic Cigarettes

Dear Ms. Ross: In a letter you sent us on June 17, 2011, you indicated that your company was in the process ofloading an age-restriction script to the website www.breathefreshecigs.com. Wewrite now to report that the site is not age restricted. Additionally, we have new evidence that . electronic cigarettes continue to be sold to minors from the website in violation of California Health & Safety Code section 119405. Violations are subject to fines of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. Moreover, in the June 17 letter, you represented that your company would no longer sell apple, cherry, vanilla, or coffee-flavored nicotine cartridges to California customers. The website states at the bottom that these flavors are not shipped to California. We have evidence, however, that you sold a vanilla-flavored cartridge to a minor in California. In addition to violating the representation youmade to our office that you would not sell these flavors to any customer in California, flavored cartridges are appealing to minors. We request that you discontinue their sales and advertising in California. Finally, in our letter to you dated June 7, 2011, we 'described how some of the product "reviews" on the website suggest that your products are a smoking cessation device. ,It currently is illegal to market electronic cigarettes as smoking cessation devices. You responded that you have no control over customer reviews, but you agreed to take steps to exclude reviews that give the impression that electronic cigarettes are a smoking cessation device. We would like to know the precise steps you aretaking to adhere to this agreement. In fact, yesterday we visited the website and saw a featured review by someone named "Catherine," who claims to have been a "45-year smoker" who switched to the electronic cigarette in March 2011 "and haven't looked back they are awesome." This implies that she used the electronic cigarette to stop smoking. It is legally irrelevant that "Catherine" or other reviewers may be independent persons, as .indic~ted in your June 17 letter, since your company'

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Michele Ross February 9,2012
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uses the reviews to promote products. The company is responsible for any false or misleading representations in the reviews. Please let us know immediately what steps Breathe Fresh will take to (l) cease all sales of electronic cigarettes and cartridges to minors in California; (2) enforce its stated policy not to sell flavored cartridges to consumers in California; and (3) exclude product reviews that give the impression that electronic cigarettes are a smoking cessation device. . Sincerely,

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HARRISON M. POLLAK . Deputy Attorney General. KAMALA D. HARRIS . Attorney General

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KAMALA D. HAlUUS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20Tf.[ FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 9, 2012

Via First Class Mail
Efox 7656 US Highway 1, Suite 1 Micco, FL ~2976

RE:

www.efoxecigs.com

Dear Sir or Madam: . We are writing to you to inform you that your company is in violation of California law .because you have sold and are selling' electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website do.es not contain a method to prevent minors from purchasing , electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of lip to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes.to minors. Please let us know what steps you have taken no later than February .16, 2012. , Finally, we were not able to locate a Proposition 65 warning anywhere on the website, If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known.to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.

Efox February 9,2012 Page 2 If you have any questions, we can be reached at the phone number and email address .listedabove. Thank you for your prompt cooperation. Sincerely yours,

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JEANNE FINBERG
HARRISON POLLAK Deputy Attorneys General

For JF:dbm
00003-1S0-0K2009J 0 1613

. KAMALA D. HARRIS Attorney General

KAMALA D. HARRIS Attorney General

State' of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P,O. BOX,70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone:' (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 9, 2012

Via First Class Mail Dimitar Slavov Ecrater 25 Pacifica, Apt. 5220 Irvine, CA 92618..:3354 RE: www.ecrater.com

Dear Dimitar Slavov: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. SB 882, enacted in.2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § .119405.) It provides for a fine of up to $200 for the first violation, 'up to $5'00 for the second violation; and up to $1000' for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent futuresales of electronic cigarettes to minors. Please let us know what steps yo:uhave taken no later than February 16,2012. Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not have 10 or more employees, pleasesubmit your payroll records or other evidence to us to show how many employees you have.

Dimitar Slavov Ecrater February 9,2012 Page 2

.

If you have any questions, we can be reached at the phone number and email address listed above. Thank you for your prompt cooperation.

JEANNE FINBERG
HARRISON POLLAK . Deputy Attorneys General For KAMALA D. HARRIS Attorney General

JF:dbm
00003-150-OK20091 0 1613

KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2147 . Facsimile: (510) 622-2121 . E-Mail: Jeanne.Finberg@doj.ca.gov

'February 9, 2012

Via First Class Mail
Direct E-Cig . 2338 Immokalee Road.Sulte Naples, FL 34110-1445 RE: www.directecig.com 419

Dear Sir or Madam: We are writing to you to 'inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf.Code, § 119405'.) It provides for a.fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict ' , your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps yO'Uhave taken no later than February 16,2012. ' Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has lO or more employees, you must warn individuals in California that the ' product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (CaL Code Regs., tit: 27, § 276.01.) If you do .not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.

Direct E-Cig February 9,,2012 Page 2

If you have any questions, we can be reached at the phone number and email address .listed above. Thank you for your prompt cooperation. Sincerely yours,

Deputy Attorneys General For KAMALA D. HARRIS Attorney General

JF:dbm
00003-150-0:rqOQ91 01613

KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P,O, BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.goY ,

February 9, 2012

Via First Class Mail
Cloud 9 Products, Inc. 2142 West Street Brooklyn, NY 11223 RE: www.could9smoking.com

Dear Sir or Madam: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately. prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16,2012. Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not ,have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees Y9U 'have.

Cloud 9 Products, Inc. February 9, 2012 Page 2

If you have any questions, we can be reached at the phone number and email address listed above. Thank 'you for your prompt cooperation .. Sincerely yours,

Deputy Attorneys General For KAMALA D. HARRlS Attorney General

JF:dbm
OOd03-150-0K2009101613

KAMALA D. HARRIS Attorney. General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

. Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 9, 2012

Via First Class Mail
Ori Solomon YZ Company, Inc. 9108·Covered Wagon Avenue, Las Vegas, NV 89117-7011

RE:

www.cellphoneslord.com

Dear Ori Solomon:

..

We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. . SB 882, enacted in 2010, prohibits sales of electronic. cigarettes to rninors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16, 2012. . Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27: § 27601.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have. .

Ori 'Solomon .YZ Company, Inc. February 9,2012 .Page 2

If you have any questions, we can be reached at the phone number and email address listed' above. Thank you for your prompt cooperation. Sincerely yours,
~.

JEANNE FINBERG

HARRISON POLLAK
Deputy Attorneys General For

KAMALA D. HARruS
Attorney General

JF:dbm
00003-150·0K2009101613

KAMALA D. HARRIS .Attorney General

State of California DEPARTMENT OF JUSTICE
IS is CLAY STREET, 20TH FLOOR . P.O. BOX 70550 OAKLAND, CA 94612-05S0

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 2, 2012

Via First Class Mail
Ludovico, Inc. 1023 South Santa Fe Avenue Los Angeles, CA 90021

RE:

.www.firebrandcigs.comIf'irebrand,

aka Brand Diablo):

Dear Sir or Madam; We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & · Saf. Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for ·the second violation, and up to $1000 for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict ·your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16, 2012. Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to. cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you' do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.
. .

Ludovico, Inc . . - February 2, 2012 Page 2

If you have any questions, we can be reached at the phone number and email address listed above. Thank you for your prompt cooperation . . Sincerely yours,

.

For

KAMALAD. HARRIS
Attorney General

JF:dbni cc: Service Agent: SR Financial Services, Inc. 6565 Sunset Boulevard, Suite 419 Hollywood, CA 90028
00003-150-0K2009101613

KAMALA D. HARRIS Attorney General

. State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100· Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.goy

February 2,2012

Via First Class Mail Kevin O'Brien BNB Tobacco 243 Neff Avenue, Suite G Harrisonburg, VA 22807 RE: www.bnbtobacco.com

Dear Mr. O'Brien:' Weare writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing . . electronic cigarettes. . SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for . the second violation, and up to $1000 for subsequent violations, Rather than immediately prosecuting theviolation, werequest that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16, 2012. Finally, we were notable to locate a Proposition 65 warning anywhere' on the website. If your-company has 10 or more employees, you must warn individuals in California that the . . product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase; (Cal. CodeRegs., tit. 27, § 27601.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.

Kevin O'Brien BNB Tobacco February 2, 2012 Page 2

If you have any questions, we can be reached at the phone number and email address listed. above. Thank you for. your promptcooperation. Sincerely yours,

I~J"-''-l~~

For

KAMALA D. HARRlS
Attorney General

JF:dbm
00003-150-0K2009101613

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KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
J 515 CLAY STREET, 20TH FLOOR

P.O. BOX 70550 OAKLAND, CA 94612·0550

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510)622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 2,2012

Via First Class Mail
Bloog Planet 52 North Main Street, Building A, Suite 9 Marlboro, NJ 07746 RE: www.bloogplanet.com

Dear Sir orMadam: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We' have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of up to $200'for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately : prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16,2012. ' Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.

Bloog Planet February 2, 2012 Page 2 If you have any questions, we can be reached at the phone number and email address listed above. Thank you for your prompt cooperation .. Sincerely yours,

ARRlSON POLLAK Deputy Attorneys General For JF:dbm
00003-1 SO-OK20091 0]613

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KAMALA D. HARRIS Attorney General

KAMALA D. HARlUS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622~2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 2,2012

Via First Class Mail
Big Box Store Duoli Industrial Park Science and Technology Building, Room 303 105 Meihua Road Shenzhen 518000, Guangdong People's Republic of China 'RE: www.bigboxstore.com

Dear Sir or Madam: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain method to prevent minors. from purchasing , electronic cigarettes.

a

SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16,2012.

a

Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine,.a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 27601.) If you do not. have '10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have. .

Big Box Store February 2, 2012 Page 2

If you have any questions, we can be reached at the phone number and email address listed above . Thank you for your prompt cooperation. . Sincerely yours,

~~~.
f.HA.RlUSON POLLAK
Deputy Attorneys General For

KAMALA D. HARRlS
Attorney General

JF:dbm
'00003-1 SO-OK20091 01613

"

KAMALA D. HARRIS Attorney General

State of California .DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND;CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.goy .

February 2, 2012.

Via First Class Mail
Be Wild. com 2200 Wantagh Avenue Wantagh, NY 11793 RE: www.bewild.com.

Dear Sir or Madam: We are writing to you to inform you that your company is in violation of California law because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors from purchasing . electronic cigarettes. SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health & Saf. Code, § 119405.) It provides for a fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent violations. Rather than immediately . prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16,2012. Finally, we were not able to locate a Proposition 65 warning anywhere on the website .: If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit. 27, § 2760L) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have. .

Be Wild.com February 2, 2012 Page 2 If you have any questions, we can be reached at the phone number and email address listed above. Thank you for your prompt cooperation.

~ARRISON POLLAK Deputy Attorneys General For

la~RG
Sincerely yours, Attorney General

KAMALA D. HARRIS

JF:dbm
·00003-1S0·0K2009101613

.KAMALA D. HARRIS .. Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 . Telephone: (510) 622-2147 , Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

February 2,2012

Via First Class Mail
Manfred James E-Health Cigarettes 641 East San Ysidro Boulevard, Suite 239 . San Ysidro, CA 92173

RE:
Dear

www.e-healthcigarettes.com

Mr. James: ..

We are writing to you to inform you that your company is in violation of California law. because you have sold and are selling electronic cigarettes to minors in the State of California on your website. We have evidence that you are not effectively checking age when making sales on the site, and your website does not contain a method to prevent minors' from purchasing electronic cigarettes.
, '

SB 882, enacted in 2010, prohibits sales of electronic cigarettes to minors. (Ca. Health Saf. Code, § 119405,) It provides for a fine of up to $200 for the first violation, up to $500 for the second violation, and up to $1000 for subsequent 'violations, Rather than immediately prosecuting the violation, we request that you take immediate steps to effectively age-restrict your website in order to prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken no later than February 16, 2012. Finally, we were riot able to locate a Proposition 65 warning anywhere on the website, If your company. has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase. (Cal. Code Regs., tit: 27, § 2760l.) If you do not have 10 or more employees, please submit your payroll records or other evidence to us to show how many employees you have.

17-

Manfred James E-Health Cigarettes February 2, 2012 Page 2

If you have any questions, we can be reached at the phone number and email address listed above. Thank you for your prompt cooperation.

For

KAMALA D. HARRIS Attorney General

JF:dbm
00003-1S0-0K2009101613

KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR . P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2183 Facsimile: (510) 622-2270 E-Mail: Harrison.Pollak@doj.ca:gov

January 30,2012 Allison M. Harte Marketing Director, Green Nicotine GN Development & Management 2799 E. Tropicana Ave, Ste. G Las Vegas, NY 89121 Allison@greennicotine.com

RE:

Green Nicotine Electronic Cigarettes

Dear Ms. Harte: In letter dated August 16,2011, We informed you that we would conduct additional tests to determine whether your company's system to prevent sales o~ electronic cigarettes to minors in California was working. California Health & Safety Code section 119405 prohibits such sales. We write now to inform you that we have new evidence that electronic cigarettes continue to be sold to minors from the www.greennicotine.com website in violation of State law. Violations are subject to fines of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. Please let us know imrriediately why the problem that we first brought to your attention in June 2011 persists, and what steps Green . Nicotine will take to ensure it complies with the law. We also note that the Proposition 65 warning on the home page continues to be difficult to read, because of the small, light-colored font. We are satisfied with the revised response to the' FAQ about nicotine. Thank you for your cooperation ..

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~.LI:l,_L'-I.,-,-,SON M. POLLAK JEANNE FINBERG Deputy Attorney General . For
0K20091 01613 90230652.doc

KAMALA D. HARRIS .Attorney General

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Public: (510) 622,-2100 Telephone: (510) 622-2183 . Facsimile: (510) 622-2121 E-Mail: Harrison.Pollakrgdoj.ca.gov

January 27, 20i2

Kristi T. Andrzej czyk DonContiUSA, LLC P.O. Box 26332 Collegeville, PA 19426

RE:

SmokeTip Electronic Cigarettes -

Dear Ms. Andrzejczyk:

In letter dated Julie 8, 2011, we informed you that SmokeTip electronic cigarettes had been sold from the website www.smoketip.comin violation ofCalifornia Health & Safety Code section 119405, which prohibits the sale of electronic cigarettes to minors in California. We write now to inform you thatwe have new evidence that electronic cigarettes continue to be sold to minors from the website in violation of State law. Violations are subj ect to fines of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. Please let us know immediately what steps you are taking to improve the age verification system to avoid future violations.
Additionally, www.smoketip.com continues to offer flavored cartridges on the website, including strawberry, apple, cherry, grape, chocolate, and others. By appealing to minors, these flavors make it more likely that minors will try your product. This could lead to nicotine . addiction and to the complications that come with it. We request that you discontinue sales of . flavored cartridges that appeal to minors, Finally, we were not able to locate a Proposition 65 warning anywhere on the website. If your company has 1q or more employees, you must warn individuals in California that the . product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf. Code, § 25249.6.) The warning must be conspicuous and available to purchasers in California before they make their purchase, (Cal. Code Regs., tit. 27, § .27601.)

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Kristi T. Andrzejczyk January 27,2012 Page 2 We look forward to your prompt response to the issues we have raised in this letter and in our previous correspondence. You may contact me at e-mail or number above if you have any questions. .

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JEANNE FINBERG

Deputy Attorneys General For KAMALA D. HARRIS Attorney General

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KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
ISIS·CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622~2183 Facsimile: (510) 622-2270 E-Mail: Hanison.Pollak@doj.ca.gov

January 27,2012 RaedZidan Cigarti LLP 6602 East 75th Street, Ste. 505 Indianapolis, IN 46250' Email: rzidan@cigarti.com

RE:

Cigarti Electronic Cigarettes

Dear Mr. Zidan: This letter follows on our letter of June 10, 2011, regarding the marketing, promotion, and sale of Cigarti electronic cigarettes. I have attacheda copy of the June 10 letter for your reference, We recently reviewed the www.cigarti.com website and were disappointed to find many of the same false and misleading claims we identified last June. For instance, the main page claims that Cigarti provides a "withdrawal-free smoking alternative," and that the ecigarette "doesn't contain any of the harmful substances that are in traditional cigarette[s]." Both of these statements are false, as e-cigarettes contain nicotine, which is highly addictive and is a lmown developmental toxin. Additionally, the first statement suggests that e-cigarettes will help . people quit smoking without having to experience withdrawal, which is a smoking-cessation marketing claim. We renew the demands we made last June to (i) remove any statements that suggest your products are a smoking cessation device, and to (ii) provide evidence to support the potentially misleading statements we identified that still appear on the website or in any other of the company's materials.
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We also write to report that we have new evidence your company continues to sell electronic cigarettes to minors in California, in violation of Health & Safety Code section 119405. Violations are subject to fines of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations, Please let us know immediately what steps you are taking to improve the age verification system to avoid future violations. You continue to offer flavored cartridges on the website, including strawberry, apple, cherry, grape, chocolate, and others. By appealing to minors, these flavors make it more likely that minors will try your product. This could lead to nicotine addiction and to the complications that come with it. We request that you discontinue sales of flavored cartridges that appeal to minors.

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RaedZidan January 27, 2012 Page 2

Finally, we were not able to locate a Proposition 65 warning anywhere on your website. If your company has 10 or more employees, you must warn individuals in California that the product exposes users to nicotine, a chemical known to cause reproductive toxicity. (Health & Saf Code, § 25249.6.) The warning must be conspicuous and available to purchasers in . California before they make their purchase.

In fact, rather than provide a warning, the website implies that nicotine is safe. The.' . response to the FAQ whether Cigarti is safe identifies nicotine as an ingredient, and then it states
that none of the ingredients "are considered cancer-causing agents." There are many ways a chemical can be harmful without causing cancer. To imply that a product that involves inhaling vaporized nicotine is safe because nicotine is not a carcinogen, when nicotine is known to cause. reproductive toxicity, is misleading. Regardless of whether Cigarti is subject to the Proposition 65 warning requirement (based on the number of employees), you should provide accurate information about the risks of using the product. vie look forward 'to your prompt response to the issues we have raisedin this letter and in our previous correspondence. You may contact me at the e-mail or number above if you have any questions. Sincerely,

HARRISON M. POLLAK
JEANNE FINBERG Deputy Attorneys General For

KAMALA

D. HARRIS Attorney General

Enclosure
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KAMALA D. HARRIS . Attorney General' . State of 9alifornia DEPARTMENT OF JUSTICE
1515 CLAY STREET; 20TH FLOOR . P.O. BOX'705,50 OAKLAND, CA 94612-0550

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Public: (5l0~ 622-2100 Telephone: (510 622-2147 '. Facsimile: (510 622-2270 E-Mail: Jeanne:f'inbe~g@doi .ca. gov

JUne 10, 2011 Raed Zidan Cigarti, LLP . 6602 E. 75th St., Ste. 505 .: Indianapolis, IN 46250 Bmail: rzidan@ciga~.com Re:. Cigarti Electronic Dear Mr. Zidan;' . Cigarettes

'. We arewriting to you to follow up on our letter ofN~veml;>er 29,.2.010 regarding the . · marketing, promotion, and sale of Cigarti electronic cigarettes and to 'inform you that your .' . company is in violation elf California law. Cigarti has sold and is selling electronic cigarettes to ..minors in the State California on the website. WWW.clgarti.com. We previously noted that : . ·'your website does not contain any method to prevent minors from purchasing electronic cigarettes, and we now have evidence that you are not effectively checking age when making '. : sales on the site. As we informed you last N ovember, Sl?882, which prohibits sales to minors, .: provides for a·fine of up. to $200 for the first violatioriup to $500 for the second violation, and up to $1000 for· subsequent violations. Rather than immediately prosecuting the violation, we ·request that you' take' immediate steps to effectively age-restrict your website-in order to ·prevent future sales of electronic cigarettes to minors. Please let us know what steps you have taken by June 20, 20.1 L .

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in addition, we continue to have Goncems'ab'o~t a number of the 'other issues raised in our previous correspondence. While the changes you have made address some of the potential problems, your website does netfully comply with the relevant California and United States laws noted ill our earlier letters.
. FiJ;'st:'we remain concerned abo';t the sale of flavored cartridges, including the strawberry, apple, cherry, grape, lemon, mint, and orange cartridges that are currently offered on ·your website: These types of flavors are' appealing to minors, and we again request that their . sales be discontinued. .

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. Seco:pd, the promotion of yourclient'sproduct continues to. suggest that it is a smoking cessation device. This includes, but is not limited to, the following statements: .. .

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withdrawal-free

smoking alternative"

"A growing commodity among smokers looking for a simple way to depart 'from the tobacco market." '...
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Blog posts entitled,'''E1ectronic Cigarettes Lend-Assistance to People Who Want to Quit Tobacco" and "How Electronic Cigarettes Provide a Means for Qui~~'
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Under-the heading, "Cigarti 'Quick Facts," the subheading "Quit, Smoking" A testimonial ;eading, "I have: every product on the ~arket in an attempt to quit; patches, gum" inhaler, and a. Costly prescription drug. I want to let you know that I no longer have the need to light up a cigarette," . \_ . . ,The final two- examples werespecifically noted in our previous cor-respondence. Even' though your site contains a, disclaimer stating that the product is not intended as such; it does.not negate the overall impression to consumers that the testimonials and other claims provide, As. we previously informed you, marketing electronic cigarettes as smoking cessationdevices is currently Illegal'under federal law .: 'Third, we oontinue to have serious concerns with potentially misleading request evidence to support them under the California Business and Professions 17.508. Thesestatementa include:" .' ....
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statements- and Code section that are in a

. "The e-cigarette doesn't contain any of the harmful substances . , traditional cigarette" .

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.';'Cigarti has been extensively tested and the cartridges have'been toxicologically tested and none of the ingredients are considered cancer-causing agents." "None of the problemsrelated "Without carcinogens" , . "Safe.for th~ person using the product, as well as those 'within the' area that the cigarette is being use~." , . .' ', . , . . Blog post's entitled. '''Smokeless Cigarettes Prove to be ~ Healthier Alternative Smokers," "What Makes Smokeless Cigarettes Safer Than Traditional Cigarettes? ,'" and "A S~fe Alternative to. Tobacco in E-Ci-garettes," . to. traditional smoking"~,

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Raed Zidan . June 10,2011 , Page 3

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Repeated descriptions of.your productas "clean,',",ccl.eaner," or "completely' clean" .' .'. '' . .'
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These are just a few of the many similar statements throughout your website, We appreciate the removal of many of the olafms fromyour website regarding th~ relative safety your product, We have not. however, received suffi,pient'docutnentation from you that your .product is safe. We request evidence that would support thi~ claim. Please provide the. information you have which proves the safety' of your product immediately.' .
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Thank you for your prompt cooperation.

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KAMALA D. B;ARRIS

Attorney General
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KAMALA D. HARRIS

Attorney General

Stateof California DEPARTMENT OF JUSTICE
I 51 S.CLAY STREET, 20TH FLOOR P.O. BOX 10550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (5lO) 622-2147 Facsimile: (510) 622-2121 E·Mail: Jeanne.Finberg@doj.ca.gov

January 25,2012

David McAllister 2722 N. Vista Grand Avenue : Palm Springs, CA 92262 RE: BlackhawkIV apesafe

Dear Mr. McAllister: This letter is to inform you that for the second time we have collected evidence that you are selling electronic cigarettes to minors in violation of California law. As we explained previously, California Health & Safety Code § 119405, enacted pursuant to SB 882 in 2010 prohibits sales of electronic cigarettes and their refill products to children. The statute provides for a fine of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. After our last letter to you when we informed you that you were violating the law by selling to minors, you indicated that you were setting up an age verification process. Either you did not set up the process or it is not working properly, since sales to minors were made. We are especially concerned that your products are appealing to minors because you sell flavored products such as cherry, french vanilla, chocolate, cinnamon and ice cream. Moreover, the site continues to feature cartoon-like characters that are appealing to children. Please let us know immediately what steps you intend to take to set up an effective age verification system, or stop selling your product in our state. Thank you for your prompt attention to this matter. Through an attorney, you verified to us that you were not involved with Blackhawk cigarettes, but that you maintain a website for vapesafe.com and little cigars. Yet our minors who logged onto the site blackhawkcigarettes.net were led directly to vapesafe.com site when they went to purchase the electronic cigarettes. Moreover, vapesafe.com and littlecigars.com look the same as blackhawkcigarttes.net in major respects. All are in violation of California law with regard to sales to minors. In addition, your website continues to contain many representations which we previously explained to you are in violation ofCalifomia and U.S. federal law. The site continues to

David McAllister January 25,2012 Page 2

contain representations that your product may be helpful with smoking cessation, although it has not been approved by the FDA as a smoking cessation device. For example, it contains the following statement: "After smoking for 47 years, I am today 14 months Tobacco-free. I tried MANY brands ofe-Cigs and Vapesafe IS my last stop ... " . Finally, you do not provide a nicotine warning as required by California's Proposition 65 law, and you have not provided us with payroll records that would indicate that the law does not apply to your company. This is another serious violation of California law which may subject you to significant penalties of up to $2,500 per day. We hope that you will correct these problems or immediately cease selling electronic cigarettes of electronic cigarette products in the State of California which includes making any sales to our residents over the Internet. Thank you for your prompt attention to this matter. Sincerely yours,

/1:::::::::b1t~t-/t0
HARRISON POLLACK Deputy Attorneys General For JF:td cc: Mary G. Bielaska KAMALA D. HARRIS Attorney General

0K2009101613 10829178.doc

KAMALA D. HARRIS Attorney General

State of California . DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550 Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121

E-Mail: Jeanne.Finberg@doj.ca.gov

January 25, 2012

Shawn Shal General Manager ePuffer International, Inc. shawn@epuffer.com RE: Dear Mr. Shal; This letter is to inform you that for the second time we have collected evidence that you are selling electronic cigarettes to minors in violation of California law. As we explained previously, California Health & Safety Code § 119405, enacted pursuant to SB 882 in 2010 prohibits sales of electronic cigarettes and their refill products to children. The statute provides for a fine of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. After our last letter to you when we informed you that you were violating the law by selling to minors, you indicated that you set up an age verification process. Either you did not . set up the process or it is not working properly, since sales to minors were made. We are especially concerned that your products are appealing to minors because you sell flavored products such as strawberry, cherry, vanilla, chocolate and coffee. Please let us know immediately what steps you intend to take to set up an effective age verification system, or stop selling your product in our state. Thank you for your prompt attention to this matter. . In addition, your website continues to contain many representations which we explained to you are in violation of California and U.S. federal law. The site continues to contain representations that your product may be helpful with smoking cessation, although it has not been approved by the FDA as a smoking cessation device. It also continues to contain potentially misleading statements about health and safety, described in detail in our last correspondence. Since you have not produced any evidence to support these claims as requested pursuant to Bus. & Prof. Code § 17508, you must remove them immediately. ePuffer Electronic Cigarettes

Shawn Shal, General Manager January 25, 2012 Page 2

Finally, you do not comply with California's Proposition 65 warning, and you have not provided us with payroll records that would indicate that the law does not apply to your company. This is another serious violation of California law which may subject you to significant penalties of up to $2,500 per day. We hope that you will correct these problems or immediately cease doing all business in the State of California which includes making any sales to our residents. Thank you for your prompt attention to this matter. Sincerely yours,

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HARRISON POLLAK Deputy Attorneys General For JF:td cc: Nathan Levi Marketing and Advertising ePuffer International Inc. 137-149 Goswell Road London EC1 V 7ET United Kingdom KAMALA D. HARRIS Attorney General

0K2009101613 90229988.doc

KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET, 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550 Public: (510) 622-2100 Telephone: (510) 62.2-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

January 25,2012 Spencer Thompson Spark Industries, LLC 2363 Teller Road, Suite 104 Newbury Park, CA 91320 RE: Cig20 electronic cigarettes

Dear Mr. Thompson: This letter is to inform you that for the second time we have collected evidence that you are selling electronic cigarettes to minors in violation of California law. As we explained previously, California Health & Safety Code § 119405, enacted pursuant to SB 882 in 2010 prohibits sales of electronic cigarettes and their refill products to children. The statute provides for a fine of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. After our last letter to you when we informed you that you were violating the law by selling to minors, you indicated that you set up an age verification process. Either you did not set up the process or it is not working properly, since sales to minors were made. We are especially concerned that your products are appealing to minors because you sell flavored products such as chocolate, grape, raspberry and coffee. You also sell sour apple, cappuccino, maple syrup, strawberry and watermelon eliquid with nicotine. Although you indicated that you were going to discontinue selling child oriented flavors, this does not appear to be the case. Please let us know immediately what steps you intend to take to set up an effective age verification system, or stop selling your product in our state. Thank you for your prompt attention to this matter. Sincerely yours,

HARRISON POLLAK Deputy Attorneys General For JF:td KAMALA D. HARRIS Attorney General

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KAMALA D. HARRIS Attorney General

State of California DEPARTMENT OF JUSTICE
1515 CLAY STREET. 20TH FLOOR P.O. BOX 70550 OAKLAND, CA 94612-0550

Public: (510) 622-2100 Telephone: (510) 622-2147 Facsimile: (510) 622-2121 E-Mail: Jeanne.Finberg@doj.ca.gov

January 25, 2012

Douglas C. Emhoff Venable LLP 2049 Century Park East, Suite 2100 Los Angeles, CA 90067 Re: AII1erican Blue Tip

Dear Mr. Emhoff: This letter follows up on our previous correspondence arid communications regarding the American Blue Tip electronic cigarette. Although you wrote to us in July 2011 that your client established an age verification system, it is not sufficient. We request that you take immediate .steps to improve the system to prevent sales to minors from taking place. We recently conducted an investigation and determined that the American Blue Tip product is being sold to minors. This violates Health & Safety Code § 119405 enacted in 2010 by SB 882. Violations are subject to fines of up to $200 for the first violation, up to $500 for the second violation and up to $1,000 for subsequent violations. Please let us know immediately what steps you are taking to improve the age verification system to avoid future violations. Sales to minors of this product is an issue of paramount concern to us. Additionally, there are several other issues regarding the safety of the product that we have called to your attention that have not been addressed. For example, we are not assuaged by your representation about quality control. After we described the leakage of your client's product, you assured us that was impossible, because it contained no liquid. Then you admit that the product contains liquid, but you indicate the company "will continue its quality inspections and will not ship any Product that appears to be defective." We do not believe that you addressed the quality control issue. You argue that you are not required to child proof your product, but you have not convinced us that it is safe. Liquid nicotine can be fatal when ingested. Please let us know that you are taking steps to adequately assure the quality control of your product or discontinue sales. Finally, in response to our request that you provide information regarding the possible harmful effects of prolonged inhalation of propylene glycol, your July letter you informs us that American Blue Tip does not contain propylene glycol, but dipropylene glycol, "which is a different chemical." This does not address our concern about the safety of the product. Please

Douglas C. Emhoff January 25,2012 Page 2

provide us with information proving the safety of dipropylene glycol when used as directed for American Blue Tip. This supplements our previous request made in November 2010 under Bus. & Prof. Code § 17508 to provide evidence of the facts under which your advertising claims are based .. Sincerely yours,

JEANNE FINBERG

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HARRISON POLLAK.
Deputy Attorneys General For JF:td

KAMALA D. HARRIS
Attorney General

01(2009101613 90229818.doc

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