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February 26, 2004

Paul Tarvin
President and CEO
Frontgate
5566 West Chester Road
West Chester , OH 45069

Dear Mr. Tarvin:

It has come to my attention that Frontgate's advertisements for its PlasmaCluster Air Purifier include explicit and implicit claims that the device will protect the consumer from secondhand smoke. You may be unaware of the science on this issue, and of the potential legal liability such claims bring to your company.

There is no safe level of exposure to tobacco smoke. This fact has even been accepted by the tobacco industry itself. ASHRAE – the American Society of Heating, Refrigeration and Air-Conditioning Engineers – no longer includes recommended specifications for purifying indoor areas exposed to tobacco smoke. This is because they know that it is impossible to clean such air to a healthy level, and do not want to incur liability.

I urge you to discontinue your claims regarding your air purifiers and tobacco smoke, and to include a disclaimer. While the PlasmaCluster is no doubt an effective product, those particularly susceptible to secondhand smoke should not be led to rely upon it rather than seek a smokefree environment.

I thank you for your attention.

Best Regards,

Chris Bostic
General Counsel
Action on Smoking & Health

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