Tag Archives: court

Class action suit over Spartan Mosquito Eradicators

Spartan Mosquito, Jeremy Hirsch, and the Bonner Analytical Testing Company are targets of a $5 million class-action lawsuit for falsely advertising that Spartan Mosquito Eradicators kill mosquitoes.

Chris Bonner and Jeremy Hirsch
Chris Bonner (left) and Jeremy Hirsch (middle) demonstrating their invention.

The lawsuit is currently in the discovery phase, which means that Spartan Mosquito et al. are being compelled by the court to provide (if they have it) any experimental data that back up the efficacy claims. Plus hundreds of other similar documents that might establish a pattern of obscuring the lack of efficacy. Discovery phase ends on July 12, 2021. The meeting regarding settlement is on September 24, 2021. I doubt it will go to trial.

One reason the case is likely going to go against Spartan Mosquito is that scientists have confirmed that salt (the “active” ingredient) doesn’t kill mosquitoes. And another team of scientists has confirmed that the devices do not control mosquitoes. Both of these studies were peer reviewed. I am not aware of a single scientist or mosquito-control professional who thinks Spartan Mosquito Eradicators work. Even the American Mosquito Control Association knows the devices don’t work.

Select quotations from the complaint

  • “… the Spartan Mosquito Eradicator is a complete scam.”
  • “Product is ineffective for mosquito control because it does not kill mosquitoes or decrease mosquito populations.”
  • “Defendants are well-aware that the Product is ineffective yet sell it anyway in pursuit of profit and in clear disregard for public health and safety.”
  • “If Defendants’ claim of having solved one of mankind’s most vexing problems
    and greatest health challenges using just sugar, salt, and yeast sounds too good be true, that is because it is.”
  • “Defendants already know that the Product does not work. They have repeatedly
    commissioned efficacy tests which found that Defendants’ marketing claims were unsupported and that the Product did not work as advertised. However, they have suppressed publication of these findings using nondisclosure agreements and threats to the scientists involved in this research.”
  • “… the Mosquito Illness Alliance has listed the Product as the first in their list of ‘Myths/Scams (Products that do not work)’.”
  • “Spartan’s founder and spokesperson, Jeremy Hirsch, has made personal threats to at least one scientist involved in this research in order to intimidate him out of publicizing the results of his research.”

Legal teams

Spartan Mosquito and Jeremy Hirsch (inventor, chairman of the board, spokesperson) are represented by Edward Boyle and Anna Dimon (both of Venable LLP). Bonner Analytical Testing Company is represented by Rachel Bandli and Daniel Benson (both of Kasowitz Benson Torres LLP). Bonner Analytical is named in the suit because some of the experiments were conducted at the facility (e.g., here’s Jeremy Hirsch in a lab coat at Bonner Analytical Testing Company). The attorney who filed the class-action is Yitzchak Kopel, and he seems to specialize on companies that make false mosquito-control claims.

Documents

May 2020

September 2020

February 24, 2021

March 10, 2021

March 22, 2021

  • Judge issues order denying the defendants’ motion to stay discovery

March 29, 2021

April 1, 2021

April 23, 2021

I plan on attending the trial.

September 14, 2021

Motion to postpone the settlement conference scheduled for September 24th until after judge rules whether to certify class action.

September 15, 2021

Judge rules to dismiss complaints against Jeremy Hirsch and Bonner Analytical Testing Company, but not against Spartan Mosquito. So the case goes forward.