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This photo of three images taken from October 2017 video produced by Sierra Research
Judge cites pictures of mice, lets lawsuit proceed
Pest Control Services Carlsbad, Ca.,Rodent Control, Rat Control, Pest Control, Repeller
By Daniel Wheeler CEO Wheeler’s Pest Control
Sep. 25 2018
Pictures of mice around an anti-rodent device designed repel rodents were cited by a judge who let a class-action lawsuit go forward this month against a company that sells and markets them.
“It is often said that a picture is worth a thousand words,” U.S. District Judge William H. Pauley III wrote above three pictures depicting mice near and, in one case, resting on top of the device. “And, in this case, three photographs from a study conducted by plaintiffs’ expert are worth even more.”
Then he noted that lawyers had submitted over 42,000 words to try to convince him how to rule.
“As the photographs show, mice can apparently relax comfortably under a Repeller and even appear to be so drawn in by its siren song that one would scale a wall just to snooze on it,” Pauley said, citing a photograph of a mouse, it’s tail dangling beneath it, climbing up a wall to the device.
The 2015 lawsuit was filed by women in Palm Desert, California, and Woodville, Texas. They sought unspecified damages and wanted the lawsuit to represent others who had purchased over 2.4 million devices.
They said they bought Bell + Howell Ultrasonic Pest Repellers based on advertising that claimed the devices were “fast and effective” to repel “mice, rats, roaches, spiders, and ants” and “Drive Pests Out.”
They sued in Manhattan federal court after concluding the devices, which plug into an electrical outlet, were ineffective, naming as defendants the New York-based BHH, LLC., which does business as Bell + Howell and Van Hauser LLC.
In ruling, Pauley noted that some packaging for the devices includes a disclaimer that says ultrasonic signals will lose intensity as it travels and that it can be absorbed by soft objects such as carpeting and is reflected by hard surfaces such as furniture.
“But whether this disclaimer puts consumers on notice is a jury question,” Pauley said. He added that a jury could decide if the devices are completely ineffective and falsely marketed.
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, lets lawsuit
