Store owner disputes Attorney General’s charges

Carla Brotherton behind the counter of her ice cream parlor 20 Below.

Carla Brotherton behind the counter of her ice cream parlor 20 Below. Photo by Stephen Bartlett.

Schneiderman said a senior investigator from his office visited This and That and 20 Below and purchased a number of substances marketed as sachets or aroma under the names “Avalanche” and “Bizarro,” along with a device used for smoking the substances.

The agent also allegedly bought a case of nitrous oxide chargers along with the paraphernalia used to ingest the gas. The store clerk allegedly sold the investigator a “cracker” device used for breaking the seal on chargers of nitrous oxide, as well as a balloon to inhale the gas.

“This is all new to me,” said Brotherton.

She said she has never carried bath salts and never would. She also showed synthetic substances with no labeling purchased at a local Dollar Store.

She said she purchases the items she sells from a wholesaler and does not package them.

Her average customer is 30-80 and they are old enough to make choices in their lives, Brotherton said.

“My intent is never to harm,” she said. “When does it stop? Where does it stop?”

She has complied with Schneiderman’s office.

“Now I just wait and see.”

Investigators entered each store and captured the transactions and interactions with store personnel using undercover video.

The lawsuit seeks an immediate end to the sale of mislabeled drugs. It also seeks an accounting of all commodities sold or offered for sale, including the name of the product, the manufacturer and distributor, product description, retail price and number of units sold.

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