This class action makes a rather simple claim, simply presented: The complaint says that the product does not work. The product is California Baby Natural Bug Blend Bug Repellent, made by California Natural Living, Inc., and it is presumably designed to keep mosquitoes from biting babies.
The class for this action is all persons in the US who bought California Baby Natural Bug Blend Bug Repellent. There is also a New York subclass for those who bought the product in New York.
The complaint shows an image of the product, front and back. Amid the small writing on the back is a claim that it repels mosquitoes. However, the complaint says that this claim is false. “Independent arm-in-cage laboratory testing commissioned by Plaintiff’s counsel in early 2018 revealed that the product was ineffective in repelling Aedes mosquitoes and Culex mosquitoes…”
The complaint reproduces photos of these arm-in-cage tests, to show that mosquitoes are not repelled and do land on the treated arm. “Defendant’s Product failed the laboratory testing almost immediately,” the complaint says, adding that “all of the test subjects were bitten by both species of mosquitoes.”
What are these types of mosquitoes? The complaint says that Aedes mosquitoes usually bite during the day and may spread the Zika virus, and that Culex mosquitoes usually bite at night and may spread West Nile virus. The complaint calls them “the two most worrisome and common species of mosquitoes found in the US.”
According to the complaint, the product also failed testing by Consumer Reports in 2016. In that test, the complaint says, subjects were bitten by both types of mosquitoes within a half hour after the product was applied. Consumer Reports concluded that the product had “[p]oor performance at repelling mosquitoes.”
The complaint alleges that the maker has violated the Deceptive Acts or Practices section of the New York General Business Law in that it claims its product is a “bug repellant” that “repels mosquitoes.” In addition, the complaint cites counts of false advertising, breach of express warranty, breach of the federal Magnuson-Moss Warranty Act, unjust enrichment, and fraud.Article Type: Lawsuit