EcoSmart Class Action Lawsuit Says Bug Repellent Doesn’t Work

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A new EcoSmart class action lawsuit says the insect repellant is defective and doesn’t work at all, leaving users just as exposed to bugs.

Lead plaintiff Christine Krumm argues on behalf of herself and other consumers that EcoSmart bug repellant includes statements such as “repels for hours” or “keeps away mosquitos” if the user applies the spray every 2-3 hours.

Krumm argues that consumers purchasing EcoSmart bug spray are duped into believing they are protected from insects during the time of wear but are still subject to bites.

The EcoSmart class action lawsuit says the product is completely ineffective, an argument the lead plaintiff says is backed by a Consumer Reports independent study completed in 2015.

An arm-in-cage testing carried out at that time found that EcoSmart bug repellent had little to no effectiveness in terms of repelling mosquitos. The spray was then ranked as “poor” by the company. The same rating was awarded in 2016.

According to the EcoSmart class action, the product effectiveness rating assigned to EcoSmart bug repellent is five out of 100.

The lead plaintiff in this new EcoSmart class action lawsuit says that independent testing her attorneys completed in 2018 supported the claim that the bug repellant is a “complete sham.”

During that testing, EcoSmart insect repellent was ineffective for repelling Culex and Aedes mosquitos, two of the most common species found in the U.S.

“All of the test subjects were bitten by both species of mosquitoes within the first testing interval—half an hour. This is a stark contrast from Defendant’s representation that the Product should be applied ‘every 2-3 hours,'” the EcoSmart class action states.

The lead plaintiff in this lawsuit says that she purchased the EcoSmart brand bug repellent in 2016 in Missouri and relied on the product label’s claims that the spray repelled for hours.

Krumm seeks to represent a nationwide Class and a Missouri subclass of people who bought the EcoSmart bug repellant based on what she alleges are false and misleading claims about the product’s effectiveness.

The EcoSmart class action lawsuit argues that the company has violated numerous laws, including the Missouri Merchandising Practices Act, the Magnuson-Moss Warranty Act, breach of express and implied warranty, unjust enrichment, and fraud.

This is not the first time the EcoSmart brand has been subject to allegations that the product doesn’t work. In fact, a previous lawsuit filed in California makes nearly identical claims that the bug repellant is not at all effective despite the promotional statements appearing on the bottle.

The EcoSmart class action lawsuit seeks punitive and compensatory damages, restitution, prejudgment interest, attorneys’ fees and expenses, and the defense’s investment in a corrective advertising campaign to notify consumers.

The plaintiff in the proposed EcoSmart class action lawsuit is represented by Yitzchak Kopel of Bursor & Fisher PA.

The EcoSmart Insect Repellent Class Action Lawsuit is Christine Krumm v. Kittrich Corporation, Case No. 4:19-cv-00182, in the U.S. District Court for the Eastern District of Missouri.