NEW YORK (Legal Newsline) – A New York consumer claims a brand of insect repellent spray is "ineffective and worthless."
Daniel Bourbia, individually and on behalf of all others similarly situated, filed a complaint on May 2 in the U.S. District Court for the Southern District of New York against S.C. Johnson & Son Inc. over alleged violations of the consumer protection laws of New York and Magnuson-Moss Warranty Act.
According to the complaint, the plaintiff alleges that he purchased defendant's Off! Clean Feel insect repellent product as it was advertised that it repels mosquitoes and provides "effective protection from mosquitoes."
The plaintiff claims the product is a "complete sham" as "scientific evidence shows that Off! Clean Feel does not repel mosquitoes." He alleges he commissioned independent laboratory testing in 2018 that "revealed that Off! Clean Feel was ineffective in repelling Aedes mosquitoes and Culex mosquitoes - the two most worrisome and common species of mosquitoes found in the United States."
The plaintiff holds S.C. Johnson & Son Inc. responsible because the defendant allegedly made false and misleading representation and omissions about the product and continues to sell its ineffective and worthless Off! Clean Feel to unsuspecting consumers.
The plaintiff requests a trial by jury and seeks compensatory, statutory and punitive damages in amounts to be determined by the court, prejudgment interest, attorneys' fees, expenses and costs of suit. He is represented by Scott A. Bursor, Yitzchak Kopel and Alec M. Leslie of Bursor & Fisher PA in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-03944-PAC