Wisconsin AG Obtains Consent Judgment Against Krist Oil

Alleges retailer sold mislabeled LP gas cylinders

Published in CSP Daily News

J.B. Van Hollen

MADISON, Wis. -- Attorney General J.B. Van Hollen announced earlier this month that the Wisconsin Department of Justice, on behalf of the Wisconsin Department of Agriculture, Trade & Consumer Protection, has obtained a consent judgment against Krist Oil Co., which operates gas station convenience stores in northern Wisconsin. Under the terms of the consent judgment, Krist Oil Co. is required to pay $65,000, which is made up of civil forfeitures, statutory surcharges and attorneys fees.

The judgment resolves a lawsuit filed by the state in Oconto County Circuit Court in October 2010. The complaint, which commenced that litigation, alleged that Krist Oil Co. offered for sale or exchange certain liquefied petroleum gas cylinders that were represented to contain a net weight of 17 lbs. of LP gas, but when tested were found to be filled to a net weight of less than 17 lbs. and which underweight condition exceeded the maximum allowable variation.

In addition, the complaint alleged that as to certain LP gas cylinders offered for sale or exchange by Krist Oil, the company did not provide a declaration of responsibility attached to the container or conspicuously post a declaration of responsibility at the location where it offered or displayed the container for sale or exchange, as required by Wisconsin law.

Further, the complaint alleged that as to certain LP gas cylinders offered for sale or exchange by Krist Oil, it did not disclose on the LP gas cylinders, or on a tag attached thereto, the net quantity of liquid petroleum gas in each container, as required by Wisconsin law.

Finally, the complaint alleged that as to certain LP gas cylinders, Krist Oil offered for sale or exchange LP gas in cylinders that were not plainly, clearly and conspicuously marked with the container's tare weight, as required by Wisconsin law.

The judgment also imposes certain injunctive relief, and directs Krist Oil to submit to the Department of Agriculture, Trade & Consumer Protection a written statement of the method by which it will ensure that LP gas cylinders offered for sale or exchange in Wisconsin deliver the net weight of LP gas which they are represented to contain.

Iron River, Mich.-based Krist Oil independently owns and operates 67 convenience stores across three states as one of the largest gasoline and diesel distributors in Upper Michigan and northern Wisconsin.

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