Massachusetts Attorney General's office today warned Phantom Fireworks to stop sending Bay Staters ads for fireworks or risk an explosive lawsuit.
A cease-and-desist letter from Max Weinstein, chief of the AG's Consumer Protection Division, comes too late to stop this year's southward barrage of direct-mail fliers from Phantom, but is a warning not to do it next year or risk having their wicks cut off in court.
Weinsten writes that not only is Phantom is breaking two Massachusetts laws: One our prohibition against fireworks, the other a section of the Massachusetts consumer-protection law that makes it illegal to be "directly marketing a product to Massachusetts residents that is illegal to possess or use inMassachusetts and by proposing that Massachusetts residents engage in conduct that the Massachusetts Legislature has deemed to be unsafe and illegal."
Accordingly, this letter constitutes a demand that Phantom Fireworks immediately cease and desist from violating Massachusetts law by mailing, delivering or directing advertisements for fireworks to residents of Massachusetts.
Please be advised that should Phantom Fireworks continue to engage in the aforementioned conduct, the Attorney General may take legal action against Phantom Fireworks, and seek appropriate injunctive relief, civil penalties, consumer restitution, costs, and attorney’s fees.