Odor Eaters Class Action Claims Shoe Inserts Don’t ‘Destroy Odors’

A class action filed against Blistex Inc. alleges the manufacturer deceptively markets its Odor Eater shoe inserts as being able to “destroy odors” and have “all-day effectiveness guaranteed.”

According to the class action, “Defendant’s Products have very little capability to reduce existing odor and cannot eliminate all future odor.”

The Odor Eaters false advertising class action lawsuit asserts that hundreds of thousands of consumers have been tricked into purchasing Odor Eaters with these deceptive claims.

The complaint argues that to “destroy” means “to put out of existence,” “annihilate,” or “vanquish.” Even if Odor Eaters successfully reduce foot odor, advertising that they can completely eliminate odor is deceptive and misleading according to the class action.

The complaint proclaims that “[p]roduct packaging that purports to ‘destroy’ what it can only slightly ‘reduce’ is literally false.” Furthermore, the class action contends that Odor Eaters have little to no effect on existing odors.

The complaint states that there are many different, competing products for shoe insoles. Consumers choose from these various inserts based on price, comfort, and odor reduction.

The class action argues that Odor Eaters is a recognized brand that costs more than most products, because they claim to “destroy odors.”

Blistex Inc. knows that its claims that Odor Eaters completely eliminate odor are not true, according to the class action.

Therefore, the complaint asserts that Odor Eaters false advertising violates New York consumer protection laws, and breaches the express warranty created by its promise of “all-day effectiveness guaranteed.”

Plaintiff Jose Izquierdo states that he paid $12.99 for a pack of Odor Eaters in New York. Izquierdo contends that he, like many reasonable consumers, paid “a premium price” for the product “because he preferred to consume and use effective and powerful insoles capable of completely eliminating unpleasant odors.”

However, the inserts did not work as advertised, according to the complaint. Izquierdo claims that he “did not know that the Product was incapable of eliminating existing odor,” and that he would not have bought the Odor Eaters had he known the truth.

Izquierdo states that he would purchase Odor Eaters again, but only if they cost less and stated the truth on their packaging.

The Odor Eaters false advertising complaint asks the court to certify a Class of “[a]ll persons in the United States who have made retail purchases of the Odor Eaters® odor destroying insoles with deceptive labels.”

Alternatively, the complaint requests certification of a subclass of all Odor Eater purchasers in the state of New York.

The class action seeks restitution and treble damages under New York and federal consumer protection laws. In addition, the complaint requests an injunction to stop Blistex from deceptively marketing its Odor Eater products.

Izquierdo is represented by C.K. Lee and Anne Seelig of Lee Litigation Group, PLLC.

The Odor Eaters False Advertising Class Action Lawsuit is Jose Izquierdo v. Blistex Inc., Case No. 1:16-cv-05554, in the U.S. District Court for the Eastern District of New York.