BROOKLYN, N.Y. (Legal Newsline) – A New York consumer alleges a pest control product does not work as advertised.
Robert Crespo, individually and on behalf of all others similarly situated, filed a complaint on Dec. 3 in the U.S. District Court for the Eastern District of New York against S.C. Johnson & Son Inc. alleging false advertising and other counts.
According to the complaint, Crespo purchased the defendant's Raid Concentrated Deep Reach Fogger in November 2016 and relied on the representations that it kills ants, roaches and spiders. He alleges he used the product as directed but it did not provide effective insect control.
The plaintiff alleges that the product's active ingredient, cypermethrin, is ineffective for insect control because the insects it targets are resistant to the ingredient.
The plaintiff holds S.C. Johnson & Son, Inc. responsible because the defendant allegedly fundamentally misrepresents the ability of Raid to prevent, control and kill ants, spiders and roaches.
The plaintiff requests a trial by jury and seeks judgment for declaration and injunctive relief, damages, prejudgment interest, attorneys' fees, expenses, costs of suit, and as the court may deem proper. 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 Eastern District of New York case number 1:18-cv-06869-ARR-RML