Why The Westgate Hotel In Las Vegas Has Made It To The Top Of The Toxic Hotel List.

Its common knowledge that hotels, casinos and businesses tend to utilize anything to attract and or keep customers. Thus the business of scent branding was born. Most of the time it’s used to mask the olfactory perception of second hand smoke.

Usually when trying to ascertain information about the scent you are either met with ‘I don’t know’ or just the name of the company that does either the installation or sells the replacement merchandise.

If you should ever get into a discussion with a business you are required to sign off on a NDA (Non-disclosure Agreement) basically a gag order. Then the unimagined occurs the planets align in your favor and you find someone who doesn’t require a NDA, admits they had no knowledge of the problems associated with air fresheners and was open to learning and giving you all the information you requested.

Such is the case with the Westgate Hotel and Casino in Las Vegas. After being injured by their deceptive air freshener by ScentAir called “Lemon Clean’, the journey to disclose the truth about this product and deceptive marketing tactics by ScentAir, was initiated. Along with the hotel’s excuses for not removing this product from their HVAC system.

A little background regarding the Westgate. The parent company is out of Florida, the chain is primarily timeshare resort destinations. They only have one casino, that’s the one in Las Vegas, which also has a timeshare component.

Having worked in the executive/accounting office of a timeshare property, I know the ‘real background’ regarding sales and marketing of ownership. So when I saw these articles I knew that some of it was ‘status quo’ regarding this industry. As sales reps are very aggressive and some places require a certain number of sales per pay period. Never was what I discovered, that they implement for potential owners ever done during my tenure..

Given the chronic desperation for sales and engaging in whatever to generate revenue, it makes sense that they will douse their property in a chemical soup to mask cigarette smoke. With no concern for the guests or their employees.

At a Las Vegas Westgate ‘Timeshare Sales Primer’, a presentation by Richard Siegel, Vice President, Westgate Resorts and the son of David Siegel. the CEO and founder of the Westgate corporations, prattled the following to his sales team. .

Richard appears to have a ‘very’ interesting management style regarding delegating customers to sales reps.

Predicated on at least two lawsuits filed against the Westgate’s ‘agents’, who were associated with the timeshare sales personnel, regarding ‘prospective buyers is unacceptable, but, according to filed complaints, these were known and endorsed by Richard Siegel. Sales representatives Janine Virga and Charles Layne (demoted) are two of those who went public with this ‘assignment’ predicated on race, sex, age, marital status etc.

Apparently, Siegel according to Layne: Layne claims the “industry standard” is to assign salespeople to prospective clients on a rotational basis instead of “race, color and gender.”

But in 2008, he says, when he began to work under company vice president of sales Richard Siegel, he observed race, ethnicity and gender “gradually becoming a determinative factor in matching buyers to salespeople.”

Layne claims that Richard Siegel “was the chief architect of an elaborate and detailed system of unlawful discrimination having an impact and effect on all salespersons” working for Westgate Resorts in Las Vegas.

When he complained about the discriminatory policy, Layne says, he was told he was not being a “team player” and Richard Siegel “began a scheme and/or process of punishing and demoting” Layne over several months, reducing his earnings.

The claims made by these two former employees one could extrapolate as basically racial profiling/categorizing. Copies of pleadings as filed with the District Court of Nevada can be read here. Janine Virga v CFI Resorts Management, Inc., CFI Sales & Marketing, Inc., CFI Sales & Marketing, LLC, CFI Sales & Marketing, Ltd., Westgate Marketing, LLC, Westgate Resorts, Inc., Westgate Resorts Ltd., Nevada District Court, Case No. 2:15-cv-00207. Defendant’s Motion to Remove with Complaint attached (page 37, Siegel page 41), Defendant’s Answer

Charles Layne v CFI Sales & Marketing, Inc. dba Westgate Resorts, Inc, CFI Sales & Marketing, LLC, dba Westgate Resorts, Inc. Nevada District Court, Case No. 2:15-cv-00079. Layne Appeal Complaint

In viewing the ‘Sales Primer’ its irrefutable, make a sale no matter what. What is very disconcerting is that in their zealous drive to sell, our military members are being taken advantage of. To the point a class action lawsuit was filed on February 2, 2022, captioned Steines v Westgate, violating the Military Lending Act. Oral arguments were heard in United States District Court Middle District, Orlando Division on October 11, 2022. The hearing was called to resolve Defendant’s Westgate Resorts Motion to Compel Arbitration. At the conclusion of two hours of oral arguments, Judge Dalton said he disagreed with Mr. Epstein. Mr. Epstein stated he would appeal to the 11th Circuit. Judge Dalton appeared unfazed. Epstein represented Westgate.

You would think nothing could be worse than those above cited incidents, but, there’s more that makes referencing the following as egregious seems like its an accolade!

Upon learning of the following, we dodged a bullet, as we would not associate on any level with the Westgate, it would be an endorsement of the worst business practices, intimidation and harassment of employees that any corporate entity would promote! Litigious is a foregone conclusion! Like a three year old throwing a temper tantrum when they can’t have their way.

Non-payment of sales commissions:

• – sued by 300 former sales employees in 2010 for unpaid sales commissions.
• – Westgate Resorts were ordered to pay $600,000.
• – Despite paying $50,000 initially, Westgate stopped payment
• – back to the courts for another three years.
• – Westgate agreed to pay $500,000, $100,000 less than the original judgment required.
• – January 2014, Westgate Resorts filed dozens of new lawsuits against many of its former employees involved with the class action lawsuit,
• – claiming that it deserves to recover previously paid sales commissions.
• – According to the Orlando Sentinel, many of those included in these new lawsuits feel that these new legal actions are “…retaliation for the award granted to the defendant in a class action lawsuit,”
• – one of the lawyers representing the former Westgate employees is quoted as saying that the action is “unconscionable“.

On January 20, 2009, Westgate Resorts Ltd. was found guilty and had to settle with the US Government for its violations of the Telemarketing Sales Rule (“Rule”), 16 C.F.R. Part 310, including the National Do Not Call Registry provisions. As part of its settlement with the US Government, it had to pay a $900,000 fine.

In 2004, Central Florida Investments and David Siegel were sued by former Westgate employee Dawn Myers.

• – In 2008, they were found liable for battery after a trial in the United States District Court for the Middle District of Florida.
• – The jury awarded $5,378,863.14 but the judge reduced the award to $610,469.84: $103,622.09 in compensatory damages and $506,847.75 in punitive damages.
• – This award arose from Myers’s claim of battery under state law, but her claims of sexual harassment were found to be time-barred.

Interfering with employee’s election choice?

• – CEO David Siegel, a Republican, sent an email in the fall of 2012
• – to all of his employees suggesting that he might “reduce the size of this company” if Obama were to win the 2012 presidential election.
• – The email was widely interpreted by the media as a threat to the employees about possible layoffs if Barack Obama were to be re-elected.
• – Siegel admitted in the documentary The Queen of Versailles as to possibly illegal activities in Florida during the 2000 United States elections
• – which he claims were singularly responsible for getting George W. Bush into the White House.
• – Interviewer: “How were you personally responsible for the re-election [sic] of George Bush?” Siegel: “I’d rather not say because it may not necessarily have been legal.” (9 minutes 20 seconds into the documentary).
• – In an August 2012 interview with Bloomberg Businessweek, Siegel elaborated on his claims:
• – “Whenever I saw a negative article about [Al] Gore, I put it in with the paychecks of my 8,000 employees.
• – I had my managers do a survey on every employee. If they liked Bush, we made them register to vote. But not if they liked Gore.
• – The week before [the election] we made 80,000 phone calls through my call center—they were robo-calls.
• – On Election Day, we made sure everyone who was voting for Bush got to the polls.
• – I didn’t know he would win by 527 votes.
• – Afterward, we did a survey among the employees to find out who voted who wouldn’t have otherwise.
• – One thousand of them said so.”

Given these disclosures, it serves to basically reinforce their refusal to remove a known toxic product that they are willing to pump thru their HVAC. Even when given safer alternatives to mitigate the perception of second hand smoke, they ignore it. Obviously profits over health and safety…why isn’t their Risk Manager reducing this known risk? Especially when their risk manager’s email has a logo promoting safety…isn’t health associated with safety? Is it the President Cami Christensen’s recommendation to keep using it? One has to ask; 1. Did she approve this product; 2. Does she herself have olfactory fatigue that she can’t notice this; 3. Does she rely on other departments, such as marketing that have no concept of chemicals or toxicology and fall prey to sales reps?

The Westgate’s upper management including the hotel’s president Cami Christensen, can’t claim Plausible Deniability, as she was kept abreast by her Regional VP Risk Management.

By law, a business must have copies of all MSDS (Material Safety Data Sheets) for products that are used and must be available for all employees. For the public to access them from a business its virtually impossible, enter the Regional Vice-President for Risk Management, Randy Conner. A very nice man with a willingness to learn and a hard core drive to ‘protect’ his hotel.

Initially he was able to provide a ‘full’ MSDS, he also requested an updated one from ScentAir and that’s where one of the problems arose. The second one was basically a ‘ sales pitch sheet’ with false and misleading statements. With ScentAir even feigning that people would ‘misread’ the ‘true’ MSDS. Given the fact that most people who make purchases such as this, lack the most rudimentary knowledge of chemistry. Then you have the sales person who has been schooled on ‘buzz words’ to promote sales.

Upon a full analysis of the chemicals in ‘Lemon Clean’, the website whereby ScentAir overtly distorted and mislead the public regarding their products, a notification letter was sent to ScentAir. Randy received a copy of the email to ScentAir with the analysis attached.

Prior to the letter going out, Randy received a short list of MSDS regarding some of the chemicals in Lemon Clean. The letter was a full analysis that incorporated every listed chemical and the warnings from each MSDS.

Randy was notified that the Attorney Generals of California and Nevada were made aware of ScentAir’s deceptive marketing on September 6, 2022.

Randy also received notification that ScentAir was reported to the US Consumer Products Safety Commission.

Randy received a minimum of 25 hours of one on one education on air fresheners, alternatives, indoor air quality, what to look for by the installation devices, utilizing safer products to create a green property, toxicology, air currents, synergistic effects etc.

He wasn’t sure if Westgate’s other properties used ScentAir, so the NTEF called all properties and ascertained if they used air fresheners and the manufacturers. Randy was provided with the actual spreadsheet of the properties and the information that was acquired. There were a couple of properties that used ScentAir and he stated that he was in touch with those properties.

As we went thru ScentAir’s website and their extreme level of sales deception was identified while being confirmed with their own MSDS. We suggested that they post a sign on every door warning the public that they were using an air freshener. When he disclosed the language I warned him it was going to create more trouble, so he cancelled the printing. Now, he was planning on meeting with their corporate attorneys on Tuesday, September 27^th, on how to protect themselves.

He assured me that their convention center is on a different HVAC system and no scents were pumped in there. When I would need access to the convention center to notify him and he would make sure it was chemically and scent free.

Given the amount of time that was used to educate Randy and the Westgate’s refusal to remove Lemon Clean from their HVAC, they are direct and concerted toxic hotel.

Even though Randy admitted that their HVAC was old and I ‘believe’ he referenced there was a discussion about renovating it next year? How many employees are being made sick and not connecting the dots? Was there ever any tests done to see if there were any synergistic issues between the smoke and the air freshener?

One has to wonder, if they do put up a sign regarding their use of an air freshener, will they notice that there is chemical on California Prop 65 list- Toxicology and Carcinogenesis Studies of β-Myrcene (CAS No. 123-35-3) in F344/N Rats and B6C3F1 Mice (Gavage Studies), that concludes that the chemical causes cancer.

ScentAir’s full MSDS shows that this is a CA Prop 65 cancer chemical, but, their website distorts the truth by claiming ‘

According to ScentAir’s website:

ScentAir scents do NOT contain components found to be carcinogenic per:

National Toxicology Department (NTP)

International Agency for Research on Cancer (IARC)

Occupational Safety and Health Association (OSHA)

This is deceptive as in ScentAir’s MSDS, Section 15.3, US State Regulations, Myrcene (CAS No.: 123-35-3) it states: “US California-Proposition 65-Carcinogens List “YES”. ScentAir knows this, as Myrcene has been on the CA Prop 65 list since March 27, 2015. Which is only discoverable upon requesting a copy of their SDS and only if you are a customer will you receive a copy.

On an independent chemical manufacturer’s MSDS for Myrcene, it is listed as a Category 2, OSHA, IARC-2B, carcinogenic.

What is deceptive is that Scent Air uses the phrase respiratory ‘allergens’, no notations of its product being a respiratory irritant. Independent MSDS/SDS has warnings of respiratory irritants:

RESPIRATORY IRRITANTS

Diethyl malonate, Alpha,alpha-dimethyl-p-ethylphenylpropanal,

4-tert-butylcyclohexl acetate, 3,5,5-trimethyl-1-hexanol, Geraniol,

ACUTE TOX (IHL), ALLYL CYCLOHEXANAPROPRIONATE

BETA-PINENE (Inhalation may cause irritation of the lungs and respiratory

System)

These are other categories that weren’t disclosed on Scent Air’s SDS.

REPRODUCTIVE TOXICITY, Diphenyl ether,

ASPIRATION HAZARD/ ASP. TOX, Longifolene, Beta-pinene, dl-limonene, Alpha-pinene, Myrcene,

MUTAGENIC EFFECTS, Butylated hydroxytoulene,

These are the more harmful chemicals that have category ratings from 1-2, some are and some aren’t listed on Scent Air’s MSDS, ratings are numbered/categorized from 1-4, with 1 being the most harmful/hazardous:

SKIN IRRITANTS;

(Category 2, H315)

Citral, dl-limonene, dl-citronellol, Linalool, Beta-pinene, Geraniol, 3,5,5-trimethyl-1-hexanol, Alpha-pinene, Butylated hydrotoulene, 2-methylundecanal, delta-1-(2,6,6-trimethyl-3-cyclohexen-1-yl)-2-buten-1-one, Myrcene, Dihydromrycenol, Diethyl malonate, Alpha,alpha-dimethyl-p-ethylphenylpropanal, 4-tert-butylcyclohexl acetate,

SKIN SENSITIZERS

(Categories 1, 1A, 1B, H317)

Citral, dl-limonene, dl-citronellol, 4-tert-butylcyclohexl acetate, Beta-pinene, Geraniol, Alpha-pinene, Longifolene, allyl cyclohexana propionate, 2-methylundecanal, delta-1-(2,6,6-trimethyl-3-cyclohexen-1-yl)-2-buten-1-one, Linalool, Butylated hydrotoulene, Allyl cyclohexana proprionate, Linalool,

EYE DAMAGE/IRRITANTS

(Categories 1, 2A H318, 2, H319)

Citral, Geraniol, Dihydromyrenol, Diethyl malonate, Alpha,alpha-dimethyl-p-ethylphenylpropanal, 4-tert-butylcyclohexl acetate, dl-citronellol, Linalool, Beta-pinene, 3,5,5-trimethyl-1-hexanol, Myrcene, Butylated hydrotoulene, 2-methylundecanal,

SPECIFIC TARGET ORGAN TOXICITY, REPEATED EXPOSURE

(Category 1, H372)

Diphenyl ether,

ScentAir’s intentional non-disclosure of what is;

CONSIDERED HAZARDOUS BY OSHA

Diethyl malonate, 4-tert-butylcyclohexl acetate, dl-citronello, Linalool, Benzyl benzoate, Butylated hydroxytoulene, Myrcene

Whereas, independent MSDS/SDS lists the following chemicals that Scent Air listed but there was no disclosure of known hazards: “This chemical is considered hazardous by the 2012 OSHA Hazard Communication Standard (29 CFR 1910.1200)”, Benzyl Benzoate, 4-Tert-Butylcyclohexyl Acetate. Dl-Citronello, Linalool, Myrcene, Diethyl Malonate

The foregoing clearly justifies why the Westgate Hotel & Casino in Las Vegas is a true toxic hotel! They have the science and still refuse to address the Indoor Air Quality issue!

Money is obviously their ‘prime directive’.

One has to ask: Why do they have a Risk Manager, if they are turning a blind eye to the problem? If employees get sick from the IAQ, Westgate has no defense, as they were notified and executive management elected to ignore the problem and warnings.

For more information regarding the deception by ScentAir on their website (screen shots), the independent MSDS for all disclosed chemicals on ScentAir’s MSDS, email: Westgate.ScentAir.Toxic@NTEFUSA.Org

There will be a fee  assessed to obtain this information.