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The Times
  • Attorney general wins case banning sale of mislabeled designer drugs

  • Attorney General Eric Schneiderman has won the New York State Supreme Court case banning the sale of mislabeled designer drugs.

    Supreme Court Justice James McClusky came to the decision after finding business owner John Tebbetts III responsible for selling deceptively labeled drug products to consumers from his stores, despite denying they were meant for human consumption.

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  • Attorney General Eric Schneiderman has won the New York State Supreme Court case banning the sale of mislabeled designer drugs.
    Supreme Court Justice James McClusky came to the decision after finding business owner John Tebbetts III responsible for selling deceptively labeled drug products to consumers from his stores, despite denying they were meant for human consumption.
    According to McClusky, “The evidence is clear these items were marketed and sold for human consumption not withstanding labeling that indicated it was not for human consumption.”
    McClusky further found Tebbetts liable for the illegal sale of nitrous oxide, in which, the judge ruled, it was being sold to provide a “high” to users as opposed to any legal use.
    Schneiderman announced the lawsuit against Tebb’s Head Shops on Aug. 1, 2012, after the federal Drug Enforcement Administration made its first nationwide strike on removing synthetic drugs from the community. Prior to that, on June 29, 2012, Herkimer police seized more than 200 packages of illegal synthetic drugs from Tebb’s Head Shop on North Main Street. A clerk was charged with violating a local law prohibiting the sale or possession of synthetic drugs.
    Tebbetts, who pled guilty on various charges related to the illegal distribution of synthetic marijuana and bath salts in Syracuse at the U.S. District Court in December 2012, owns and operates eight Tebb’s Head Shops throughout central New York.
    As part of Tebbetts plea, he admitted he possessed synthetic cannibinoids and bath salts with the intent to distribute them and with knowledge they would be used for consumption.
    Tebbetts faces up to 20 years in jail on five drug counts, and up to 10 years for one count of money laundering and a fine up to $5,250,000.
    He pled guilty to possession with the intent to distribute controlled substances, controlled substance analogues and engaging in a monetary transaction in property derived from specified unlawful activity. Tebbetts is scheduled to be sentenced on April 29 in U.S. District Court.
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