Summary of Action
Though Vapex dissolved following Utah’s action, Scott Barth, Kourtney Salvatori, and potentially others, have created another e-cigarette company called O2PUR, through which they make many of the same deceptive marketing claims as they did with Vapex, in violation of the Settlement Agreement they reached with the state of Utah.
As a result, TINA.org sent a letter on February 4, 2016 to Utah Attorney General Sean Reyes and Director of the Division of Consumer Protection Daniel O’Bannon alerting them to the issues. In September 2016, the Utah Division of Consumer Protection brought a formal action against Scott Barth seeking to impose fines for violating the previous Settlement Agreement in connection with his marketing of O2Pur. Four months later, in January 2017, Barth agreed to pay the Division of Consumer Protection $37,500 for violating the previous agreement (and his company is required to pay an additional $5,000 fine). 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.
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