AC2T, Inc, a Mississippi company valued at over $100 million, is suing me in Federal court over my review of the Spartan Mosquito Eradicator. The device is a plastic tube filled with sugar, salt, yeast, and water and is purported to act as an attractive toxic sugar bait. Box claims that device will eradicate (kill) approximately 95% of mosquitoes in a yard for 90 days. It is primarily marketed at feed stores in rural areas of the United States. Here’s the company’s complaint (27-page PDF).
Here’s the first part of the motion to dismiss the lawsuit:
“In this lawsuit, Spartan seeks to use its superior financial resources to silence a former college professor who has been exercising his constitutional rights to petition his government and advocate on an important environmental and public health issue: the effectiveness of commercially available mosquito control devices. In Mr. Purrington’s opinion, based upon his personal evaluation of Spartan’s product and his scientific knowledge, Spartan has made false and misleading claims about the efficacy of its product, thereby violating federal environmental regulations and potentially endangering public health. Most of the statements that Spartan cites in the Complaint reflect Mr. Purrington’s efforts to reach federal and state officials with information about Spartan’s misleading and false claims concerning the efficacy of its product. The remaining statements reflect Mr. Purrington’s efforts to raise public awareness of the matters about which he is petitioning, describe his own opinions, or contain facts that Spartan does not, and cannot, deny are true. Applicable law does not provide Spartan with a valid claim against Mr. Purrington under those circumstances. Notably, even if Spartan could show that Mr. Purrington should be liable for his statements, Spartan fails to plead facts that would suggest it has incurred even a cent of damage to its business to justify its claims. That omission suggests that Spartan has sued merely to intimidate Mr. Purrington rather than to recover any demonstrable damage to its business. For those reasons, Mr. Purrington respectfully requests that the Court dismiss the Complaint in its entirety, with prejudice.”
The judge dismissed part of the suit (PDF), but Spartan Mosquito amended its complaint. And we’ve submitted a new motion to dismiss, plus a motion to compel Spartan Mosquito to produce documents (it has been stalling).
I think a big part of why they decided to sue me is that they truly believe I’m being paid by some big pesticide company. The reality, of course, is that I just enjoy writing about sciency things. I have zero funding and have lost money on this blog for over a decade. The other reason they are suing me is probably just plain vindictiveness, anger that the scheme has been revealed to neighbors and the world.
Care to represent me?
I’m urgently looking for an attorney to represent me pro bono (my current lawyer is fantastic but I’ve simply run out of money). If you are a fan of science and dislike bullies, I’d be grateful if you got in touch with me. I can email PDFs of any of these documents if you have an interest. Here’s a listing of the case files:
Here’s a link to Pennsylvania’s anti-SLAPP legislation. It sounds like I would be covered: I was mainly in contact with the Environmental Protection Agency, asking them to act on FIFRA violations. I also encouraged others to contact the EPA because I suspected it would take more than just one person to get the interest of EPA attorneys.
Would also be very excited to discuss a SLAPP-back suit, too. Spartan Mosquito is a $100-million company so has deep pockets. They’ll have plenty of money left even after the $5-million class-action suit is over.
In related news, nobody has started a class-action suit over the Spartan Mosquito Pro Tech (the above-linked suit concerns the Spartan Mosquito Eradicator).