E-cigarette maker refuses to accept returns on unsold products, wholesaler claims

PHILADELPHIA — A Pennsylvania wholesaler is suing Ballantyne Brands LLC, a North Carolina company that produces electronic cigarettes and related paraphernalia, citing alleged breach of contract.

Cooper-Booth Wholesale Co. L.P. filed a complaint on Feb. 24 in the U.S. District Court for the Eastern District of Pennsylvania against Ballantyne alleging that it is refusing to accept the returns of their products. Cooper-Booth has attempted to return the unsold products, which were returned to Cooper-Booth by the retailers it works with, for the value of products, according to the distribution contract signed with the defendant.

According to the complaint, Cooper-Booth claims it sustained financial damages from not being refunded for the unsold product. The plaintiff holds Ballantyne responsible because it allegedly breached its contractual agreement with the plaintiff by continuing to refuse to receive the unsold products from the plaintiff.

The plaintiff requests a trial by jury and seeks judgment against the defendant for all damages in the amount of $168,505.12 plus ongoing storage costs, court costs, interest and any further relief the court grants. The plaintiff is represented by Daniel M. Lieberman and Stephen J. Fleury Jr. of Devine Law Offices LLC in Lancaster.
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