A.G. Schneiderman Secures Permanent Ban On Sale Of Mislabeled Drugs At Nassau County Head Shop & Penalty For Owner

Owners Of Daze Smoke Shop Ordered To Rid Their Shelves Of Dangerous Synthetic Drugs

Schneiderman: Our Creative Approach Of Using Existing Laws Has Resulted In The Swift Removal Of These Illegal Products

LONG ISLAND— Attorney General Eric T. Schneiderman today announced that a judge has signed an order that permanently removes mislabeled or unlabeled products, including synthetic marijuana and other intoxicants, from the store shelves of Daze Smoke Shop, located at 574 Sunrise Highway in Baldwin, New York. In addition to the removal of these dangerous products, the owners of Daze Smoke Shop, Kim and Ryan Fulcher, must also pay a $17,000 penalty. Today’s order comes in response to Attorney General Schneiderman’s lawsuit and undercover investigation, in which agents went into Daze Smoke Shop and purchased items such as Salvia, Serenity Mood Enhancement,and Nightlights Metaphysical Crystal Capsules.

"The proliferation of synthetic drug abuse is an emerging crisis on Long Island and across the state. Our creative approach to addressing this epidemic has resulted in quick action from the courts and the swift removal of these dangerous illegal drugs from store shelves," said Attorney General Schneiderman. "We are putting other head shops across the state on notice. Synthetic drugs are dangerous, and these stores will be held accountable for violating the law by mislabeling or not labeling these products. "

The agreement, which permanently bans the sale of any synthetic drugs or intoxicants, was signed today by the Honorable Anthony L. Parga, Supreme Court, Nassau County. Today's order comes after Attorney General Schneiderman's office conducted an undercover investigation into head shops across the state, and filed lawsuits against 12 retailers, including Daze Smoke Shop.

The investigation revealed that head shop retailers were selling designer drugs, including commonly known synthetics such as "bath salts" and "synthetic marijuana." Undercover investigators statewide also discovered head shop employees were promoting these dangerous synthetic drugs and giving tutorials on how to prepare and ingest them.

Under New York State's labeling law, at minimum, consumer commodities must identify the name and place of business of the manufacturer, packer, or distributor, the common product name, the net quantity of contents, and the net quantity of servings, uses or applications represented to be present with appropriate directions and warnings for customary use.

On July 10, the Attorney General filed 12 lawsuits against 16 head shop locations, including the Daze Smoke Shop. Within 36 hours of filing the lawsuits, the Attorney General's office obtained Temporary Restraining Orders from all 12 judges effectively removing the mislabeled products from store shelves. Today’s order permanently bans this retailer from selling synthetic drugs.

A similar order was granted last week at the Look Ah Hookah head shop in Rochester.

Although Federal and State authorities have attempted to outlaw certain chemicals and their analogs and to remove these items from commerce, their efforts continue to fall short as the chemists and producers providing the products for head shops simply alter formulas and stay ahead of the legislation.

In addition to Daze Smoke Shop, judges issued orders removing synthetic drugs from the following retailers sued by Attorney General Schneiderman:

  • Pavilion International in Buffalo and Commack
  • Twisted Headz in Syracuse
  • Trip on the Wild Side II in Watertown
  • Rolling Fire Glassworks in Endicott
  • Goodfellas Alternative Smoke Shop in Utica
  • 20 Below/ This and That in Plattsburgh
  • Shining Star Enterprises in Albany
  • Giggles in Poughkeepsie
  • Village Sensations in Nanuet
  • East Coast Psychedelics in Oceanside and Commack
  • Look Ah Hookah in Rochester

The investigation was conducted by investigators Chad Shelmidine and Ryan Fannon under the supervision of Senior Investigator Christopher Holland, directed by Assistant Chief Antoine Karam.

The case is being prosecuted by Assistant Attorneys General In-Charge, Deanna Nelson and Gary Brown along with Assistant Attorney General, Judith Malkin under the supervision of Executive Deputy Attorney General for Regional Affairs, Martin J. Mack.

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