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Legal highs forfeited by court after raids on Heads and Phone Doctor in Folkestone, Third Eye in Canterbury, Bong Shop in Margate

By: KentOnline reporter multimediadesk@thekmgroup.co.uk

Published: 16:00, 02 December 2014

A ground-breaking court case has led to hundreds of so-called legal highs seized at four shops in Kent to be permanently removed from use.

The shops - Headz and Phone Doctor in Folkestone, Third Eye in Canterbury and the Bong Shop in Margate - have been prevented from selling the products since enforcement action by KCC Trading Standards in July.

In a co-ordinated series of raids, officers from Kent and Medway Trading Standards, with the support of police, seized samples of so-called New Psychoactive Substances from shops across the county and suspended the sale of many more.

Policeman standing guard outside Third Eye in Canterbury during a raid
Headz in Folkestone was raided during a Trading Standards operation

The raids came as the KM Group campaigned for better labelling and controls on the sale of the drugs.

Canterbury magistrates have now confirmed more than 600 of the products are unsafe and there were deficiencies in their labelling.

mpu1

The products fall under the General Product Safety Regulations 2005 which prohibit any unsafe product from being supplied.

Trading Standards claimed in court that, irrespective of disclaimers such as “not fit for human consumption”, the stores were aware that, once sold, they would be consumed.

To comply with consumer law, traders must know precisely what is in each of the products they sell and what risks are associated with the ingredients.

The substances in question produce similar effects to illegal drugs, such as cocaine and ecstasy, but that are not controlled under the Misuse of Drugs Act.

They cannot be sold for human consumption, but are often sold as bath salts or plant food to get round the law.

Mark Rolfe, KCC's trading standards manager, said: "We've always believed that these products were not safe and were not marketed in a safe way but we felt it was important to put the matter before a court and get a courts view on that.

Some of the legal drugs seized in the raids

"We're very pleased with the outcome.

mpu2

"We were concerned at the time [of the raids] that these products were dangerous.

"We felt that something needed to be done. We were aware that the legal situation was less than clear.

"At Canterbury Magistrates Court we've clarified some of that legislative question mark so that we now know that these products are not safe and that the courts have supported us in that view.

"We will be going back to those retailers and explaining that indeed the product safety regulations which cover these goods are the law of the land and they need to comply with them.

"It's certainly, we believe, the first of these cases in England. We would agree it's a landmark case."

Police Sgt Garry Brimson said: “It is clear that New Psychoactive Substances are being ingested by children and adults in Kent and Medway.


How the KM Group campaigned against legal highs


"These substances are clearly unsafe as police and other professionals have to deal with the aftermath of collapses and violence linked to their consumption.

“Today the court has agreed that they are unsafe and has ordered the forfeiture of more than 600 items.

"We will continue to work with Trading Standards and other partners to protect the people of Kent from these dangerous substances.”

Some of the legal highs seized during the raids

Mr Rolfe said: “These proceedings have established that the term ‘legal highs’ is inappropriate for these products as they are not legal.

"We would reiterate our advice tomembers of the public to avoid these products completely.”

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