DENVER (Legal Newsline) - A maker of air gun pellets is asking a federal judge to dismiss a proposed class action complaint that alleges the measurements on their ammunition is off.
No reasonable consumer would be misled by the words "exact" and "carefully selected" that are printed on tins separate from pellet weights, Predator International says in a motion to dismiss filed March 15 in Colorado federal court.
Tyler Kellum and John Bridges are the plaintiffs in a lawsuit filed Feb. 7 that says weights stated on pellet container tins are not accurate.
Misrepresentations can only lead to legal action if it is made "either with knowledge of its untruth, or recklessly and willfully made without regard to its consequences," attorneys for the company wrote.
"Exact" is the brand of pellets, the company noted, adding the allegations come down to a difference of mere hundredths of grain.
"Plaintiffs implausibly allege this single word requires a specific precise measurement of weight when it does not," the motion says.
"That a reasonable consumer would not interpret the word 'EXACT' as describing the weight of the pellet is reinforced by the fact that the EXACT mark is set off away from the product specifications."
"Exact" could refer to the shape, count or caliber of the pellets, not to mention its use as a verb, the company says.
As for "carefully selected," Predator says the words appear under a picture of the pellet, which "suggests that the care being exercised is in selecting pellets that conform to the pellet shape shown on the packaging."
Frederick Coles III of Utah represents the plaintiffs. James Juo of Thomas P. Howard LLC in Louisville, Colo., represents Predator.