LOS ANGELES (Legal Newsline) – A San Pedro, California consumer alleges a brand of insect repellent is "ineffective and worthless."
Ki Burke, individually and on behalf of all others similarly situated, filed a complaint on Aug. 8 in the U.S. District Court for the Central District of California against Kittrich Corp. over alleged violations of the California Consumers Legal Remedies Act, False Advertising Law and Magnuson-Moss Warranty Act.
According to the complaint, the plaintiff purchased the defendant's EcoSmart insect repellant in 2017 for $6 because defendant represented that the product is an insect repellent that “keeps away mosquitoes” and “repels for hours" when applied in the skin.
The plaintiff alleges in the suit that testing commissioned by her counsel in 2018 showed that the product does not repel mosquitoes and is "ineffective and worthless."
The plaintiff holds Kittrich Corp. responsible because the defendant allegedly falsely represented that the product would repel mosquitoes.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, prejudgment interest, injunctive relief, attorneys' fees, expenses and costs of suit. She is represented by L. Timothy Fisher and Joel D. Smith of Bursor & Fisher PA in Walnut Creek, California and by Scott Bursur of Bursor & Fisher in New York, New York.
U.S. District Court for the Central District of California case number 2:18-cv-06819-GW-MRW