WaxVac Ear Cleaner Maker Hit With False Ad Class Action Lawsuit

A class action lawsuit has been filed against WaxVac Ear Cleaner marketer Lenfest Media Group LLC for allegedly deceptively advertising that the ear wax cleaning device effectively cleans dirt and wax out of ears, when it doesn’t.

“Despite defendant’s claims that the WaxVac ‘gently draws dirt particles and moisture out quickly and safely,’ the product does not remove dirt particles and moisture as promised,” the class action lawsuit states. “As such defendant’s representations are false, misleading, and reasonably likely to deceive the public.”

The WaxVac class action lawsuit was filed in a Pennsylvania federal court on Feb. 28 by Pennsylvania resident Marc Weinstein and New Jersey resident H. Thomas Ferguson, who both purchased WaxVac Ear Cleaner after seeing an informercial for the ear wax removal product.

The WaxVac is advertised as an alternative to cotton swabs such as “Q-Tips,” which are not supposed to be used for cleaning dirt and wax out of ears. Lenfest claims that WaxVac is a “safe and effective way to clean and dry your ears.”

It is supposed to work by literally vacuuming water, dirt and moisture out of a person’s ear using a “a vacuum-like suctioning effect,” which it puts into a “receptacle at the end of the silicone tip that is inserted into the ear.”

The ear cleaning machine is $10 for two Waxvac Ear Cleaning devices.

The plaintiffs say that they believed the claims made about the Waxvac, but allege that the ear cleaning product is “of little to no value.”

In July 2013, the U.S. Food and Drug Administration sent a warning letter to Lenfest about the claims the company makes about its ear cleaning product.

The letter explained that the company had not sought approval for the device from the FDA before marketing it, which the federal agency said is a violation of the Federal Food, Drug, and Cosmetic Act.

According to the federal law in question, “this product is a device  because it is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, or to affect the structure or function of the body,” the warning letter explained.

“Your firm’s promotion of the WaxVac contains claims for which your firm lacks clearance or approval,” it continued. “Our office requests that Lenfest Media Group, LLC immediately cease activities that result in the misbranding or adulteration of the WaxVac, such as the commercial distribution of the device for the uses discussed above.”

The FDA asked Lenfest to correct the violations promptly and if the company didn’t it could be subject to “seizure, injunction, and civil money penalties.”

The federal agency said that Lenfest had 15 business days to send a written response to the FDA explaining what action the company was taking to correct the violations cited by the agency.

However, according to the WaxVac class action lawsuit, the “as seen on TV” marketer still includes the same claims “in defendant’s marketing campaign today.”

Weinstein and Ferguson are charging Lenfest with unjust enrichment, violating of Pennsylvania consumer protection laws, violating the Magnuson-Moss Act, breach of express warranty, breach of implied warranty of merchantability, equitable relief, and breach of duty of good faith and fair dealing.

They are asking for compensatory damages, equitable relief, and equitable restitution.

The class action lawsuit is brought on behalf of anyone who bought the WaxVac Ear Cleaner in the United States.

The plaintiffs are represented by Brian M. Felgoise and Amir Stark of Felgoise Law Firm and Marc S. Henzel of the Law Offices of Marc Henzel.

The WaxVac Class Action Lawsuit is Weinstein et al. v. Lenfest Media Group LLC, Case No. 2:14-cv-01251, in the U.S. District Court for the Eastern District of Pennsylvania.