EcoSmart Insect Repellent is Worthless, Class Action Claims

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A consumer has lodged an EcoSmart Insect Repellent class action lawsuit based on allegations that the product does not work as advertised, and is both “ineffective and worthless.”

Plaintiff Ki Burke explains in the insect repellent class action lawsuit that the labels on the EcoSmart products claim that users should reapply every 2-3 hours in order to keep mosquitos away for a period of a couple of hours.

However, the EcoSmart Insect Repellent class action lawsuit claims the spray doesn’t “keep[] away mosquitoes” nor does it repel them for hours. Burke says the marketing for the product is a “complete sham.”

Purchasing any consumer product usually means that the buyer has reviewed marketing materials and the label of the product itself before making a decision.

When the promotional and marketing materials include misleading or false statements, consumers who have been harmed by these claims may choose to file a lawsuit.

The EcoSmart class action lawsuit alleges that the company makes a subpar product that falls short of customers’ expectations and leads buyers to suffer from mosquito bites in a much faster time period than the product labeling promises.

A consumer who uses bug spray or insect repellent of any type, according to the EcoSmart class action lawsuit, would have the reasonable expectation that they’d be protected from mosquito bites during the first few hours.

However, as the plaintiff argues, the product does nothing to repel mosquitos away from the person wearing it, meaning that consumers have been misled.

The insect repellent class action lawsuit claims that the plaintiff’s counsel carried out independent laboratory testing to reveal that neither Aedes nor Culex mosquitos could be repelled using the product.

According to the EcoSmart Insect Repellent class action lawsuit, all tested subjects were bitten in a half hour or less despite using the EcoSmart product as instructed.

Burke says she purchased the product from Target in 2017 at a San Pedro, Calif. location. She says that she made the decision to purchase the product based on the company’s marketing claims on the label that it would keep bugs away for hours.

The plaintiff seeks to represent a nationwide Class of consumers in the U.S. who bought the EcoSmart Insect Repellent as well as a separate California Class.

The EcoSmart Insect Repellent class action lawsuit accuses the makers of the bug repellent of not having an effective product and using false and misleading statements to encourage consumers to buy it nonetheless.

The EcoSmart class action lawsuit says that the manufacturer led consumers to believe that the product was effective when it did nothing to repel mosquitos, exposing users to bites and other related problems.

The insect repellent class action lawsuit cites violations of consumer protection laws in California, the Magnuson-Moss Warranty Act, breaches of express and implied warranty, fraud, and unjust enrichment.

The plaintiff is represented by L. Timothy Fisher, Joel D. Smith, and Scott A. Bursor of Bursor & Fisher PA.

The EcoSmart Insect Repellent Class Action Lawsuit is Ki Burke v. Kittrich Corporation, Case No. 2:18-cv-06819-GW-MRW, in the U.S. District Court for the Central District of California.