MADISON, Wis. -- Wisconsin Attorney General Brad Schimel and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) are suing Capitol Petroleum and its principal, Farooq Shahzad, for allegedly selling designer drug synthetic cannabinoids known as “Spice” and “Kush” in violation of Wisconsin consumer protection law, specifically, the prohibition on fraudulent drug advertising.
“I put drug dealers on notice when I was elected Wisconsin Attorney General,” said Schimel. “We cannot allow Wisconsinites, particularly our young people, to be harmed by potentially dangerous drugs, whether they are being peddled by a thug on the streets or by the person standing behind the counter of a local convenience store. I am proud of the team of Madison police officers, Wisconsin DOJ (Department of Justice) attorneys and investigators and DATCP personnel who have built this case against Capitol Petro.”
Some but not all synthetic cannabinoids are on the list of controlled substances, subject to criminal prohibition. These drugs have not been tested for safety and are not approved by the Food and Drug Administration (FDA). This case uses the prohibition on fraudulent drug advertising to crack down on a seller of these products.
Capitol Petro and its principal have sold large amounts of these dangerous products to the public from their gas station convenience stores in the Madison area, Schimel alleged.
The defendants broke the law by representing to buyers that they could achieve the effects of a drug that is not approved by the FDA, the attorney general said. The defendants’ products were mislabeled as “incense” and “potpourri” but were intended for human consumption, despite claims to the contrary on some of the package labels. The product packages do not warn buyers what is really in them, exposing users and others to risk of injury.
DATCP is seeking temporary and permanent injunctive relief and substantial civil penalties of up to $200 for every package of fraudulently-labeled drugs being sold by Capitol Petroleum, which operates 13 convenience stores in the Madison area, some under the name Capitol Petro or CP Mart, others as Mobil and BP franchises.
Dane County Circuit Court Judge Shelley Gaylord issued a Temporary Restraining Order prohibiting the Capitol Petroleum from selling these fraudulently labeled drugs until further order of the court.
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