ALBANY, N.Y. (Legal Newsline) – A New York consumer has filed a class-action lawsuit over allegations a brand of insect repellent is "worthless."
Rebecca Yates filed a complaint on behalf of herself and all others similarly situated on Dec. 5 in the U.S. District Court for the Northern District of New York against California Natural Living Inc. alleging false advertising and other counts.
According to the complaint, the plaintiff alleges that in or about the end of December 2015 or early January 2016, she purchased defendant's California Baby Natural Bug Blend Bug Repellent for approximately $15 in a store at in Schenectady, New York. She alleges she used the repellent as directed and that it was ineffective to repel mosquitos. The complaint describes the product as a "complete sham," "ineffective and worthless."
The plaintiff holds California Natural Living Inc. responsible because the defendant's product allegedly did not have the characteristics, uses or benefits promised.
The plaintiff requests a trial by jury and seeks compensatory, punitive and statutory damages in amounts to be determined by the court and/or jury; prejudgment interest on all amounts awarded; an order of restitution and all other forms of equitable monetary relief; and attorneys’ fees and expenses and costs of suit. She is represented by Philip L. Fraietta of Bursor & Fisher PA in New York.
U.S. District Court for the Northern District of New York case number 1:18-cv-01415-GLS-TWD