Air Wick aerosol sprays are incapable of eliminating odors as their labeling promises, a new false advertising class action lawsuit states.
The most that Air Wick sprays can do to unwanted odors is cover them up, according to plaintiffs Brigitte Akwei, Donna Sims and Joe Drew.
They allege that by claiming these products “eliminate” odors, defendant Reckitt Benckiser LLC is making a false representation designed to mislead consumers.
All three plaintiffs say they bought Air Wick sprays in reliance on the label’s assurance that they could actually eliminate odors.
But as a result of the alleged deception, the plaintiffs say, the product they paid money for was of little or no value to them.
“Plaintiffs and other consumers have been harmed by Defendant’s unlawful fraud, which takes advantage of consumers’ strong preference for products that actually remove unwanted odors rather than merely mask them,” the plaintiffs say.
Competitor air fresheners don’t make the same allegedly false promise, according to this Air Wicks class action lawsuit. “Rather than claiming to eliminate odors, they emphasize the pleasantness of their fragrances, implicitly acknowledging that they merely mask odors,” the plaintiffs say.
The alleged mislabeling is not just the result of clumsy wording, the plaintiffs claim. There are other products available that can genuinely remove odors, they say, and the defendant’s labeling would reasonably lead a consumer to believe Air Wicks sprays are among these products.
For example, surfactants, soaps, sanitizers and oxidizing agents can remove odors by getting rid of whatever substance is creating them. Absorbents like zeolite, silica gel or activated charcoal can absorb the odors themselves.
But Air Wicks sprays don’t contain any such ingredients, the plaintiffs claim. They contain only heavy fragrances, mixed with solvents and propellants, designed to be strong enough to overpower the unwanted odor.
While these fragrances may be strong, the plaintiffs say they still leave the underlying odor in place, failing to address the root of the problem.
While the complaint lists seven specific varieties of Air Wick sprays, the plaintiffs clarify they are taking issue with any Air Wick aerosol spray that says “eliminates odors” on its label.
The plaintiffs propose to represent three plaintiff Classes, one from each of the plaintiffs’ home states of New York, Illinois and Georgia. Each Class would represent all persons who, within that state and during the applicable statutory limitations period, purchased Air Wick aerosol sprays that bore the “eliminates odors” claim on the front of their labels.
They are seeking an award of damages, restitution and disgorgement of revenues related to the allegedly false advertising, and a court order requiring the defendant to immediately cease its allegedly deceptive business practices and to conduct a corrective advertising campaign.
The plaintiffs are represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.
The Air Wick False Advertising Class Action Lawsuit is Akwei, et al. v. Reckitt Benckiser LLC, Case No. 1:17-cv-06080, in the U.S. District Court for the Southern District of New York.
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22 thoughts onAir Wick Sprays Don’t ‘Eliminate’ Odors as Promised, Class Action Says
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Please add me. 3 cans
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Have tryed this for years. Deciveing! Want my money back!
Is any product telling the truth at this point. Since I’ve joined this company, my eyes are wide open.
Please add me! I used it it only masked the odor
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me I still have three cans
Please add me. We have purchased to help eliminate orders without success
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me. My house also bought Air Wick products believing that they worked as advertised. Thank you.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!