Police believed the bath salts were the illegal kind.
FORT LEE -- The borough paid $75,000 to settle a lawsuit filed by a man arrested in 2013 for having illegal bath salts, when in fact he had legal, bathtub bath salts.
Anthony Small, of the Bronx, N.Y., was a passenger in a vehicle on I-95 south in Fort Lee on Oct. 28, 2013, according to his suit filed against Fort Lee, Police Chief Ken Bendul and several Fort Lee police officers.
He and two others in the vehicle were coming back from a meeting with producers of "a popular VH1 television show" that was going to feature Small's clothing line. Police stopped the vehicle for alleged minor motor vehicle violations.
Three officers removed them from the vehicle and questioned them at length by the side of the road, the suit says. Officer Richard Hernandez saw a plastic bag in the vehicle containing a blue granular substance the thought was illegal bath salts.
The salts were in their original packaging, which displayed the brand name "Soak," marketed to athletes to aid with muscle recovery, according to the product website.
Small explained that his girlfriend got the bath salts at a promotional event for the NFL. Hernandez asked to search the vehicle based on the presence of the bath salts and because the suspects came from what the police report called "a source city."
The three men gave permission for the search, the suit says. Police arrested Small and his companions based on the belief that the bath salts were the illegal kind.
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Small was charged with distribution of a controlled dangerous substance and possession of narcotic paraphernalia.
A judge set Small's bail at $25,000 with no option to pay 10 percent cash. Police strip-searched him and sent him to Bergen County Jail when he couldn't make bail immediately.
Small stayed in jail until posting bail Oct. 31, the suit says. Because of this, he missed a follow-up meeting with the VH1 producers, "losing a significant business opportunity."
Though Small eventually got his clothing on the show, his line could have appeared on five more episodes if not for the arrest, the suit says.
Meanwhile, Hernandez submitted the bath salts to a New Jersey State Police lab. The report came back Nov. 19, 2013 showing they were legal bath salts used to mix in water when bathing.
The charges were dismissed in court March 20, 2014.
Small's suit accused Fort Lee of violating his right to be free from unreasonable search and seizure and his right to due process.
Small, who is black, also accused Fort Lee of violating state laws against discrimination.
The borough settled with Small on Sept. 22, 2016. Open records advocate John Paff first posted the agreement on his NJ Civil Settlements website.
Incidents involving bath salts--the stimulant--plummeted in 2012 after the state banned them the prior year. They were previously sold legally at gas stations and convenience stores.
Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter @MylesMaNJ. Find NJ.com on Facebook.