Tag Archives: Hattiesburg

Spartan Mosquito Eradicator updates

Below are some developments relating to Spartan Mosquito’s attractive toxic sugar bait called the “Eradicator”. It’s a tube filled with water, sucrose, sodium chloride, and yeast.

Cease-and-desist order

I was curious whether the Mississippi Attorney General’s office had ever taken legal action against Spartan Mosquito (a Mississippi company), so I submitted a freedom-of-information request and was sent a letter, below, that directed the company to remove all mention of the Mississippi Department of Health from an advertisement.

Letter from Mississippi's Attorney to General to Jeremy Hirsch, founder of Spartan Mosquito

The Attorney General’s office sent the offending ad, too (below), which purported to summarize an experimental test of the Spartan Mosquito Eradicator. The ad asserts that the Mississippi Department of Health’s entomologist was involved and that the Department approved the results — both were false statements. Spartan Mosquito further emphasized a (non-existent) government collaboration by naming the case study “CSL4GOV-ZIKA”.

Spartan Mosquito's Zika brochure

Zika health claim

As an aside, the Department of Health’s entomologist was indeed at the site, but she was there to coordinate the massive spraying program that the Department of Health was using to minimize the potential mosquito-borne spread of Zika virus around the house of somebody who had the disease. Therefore, the reason there were no mosquitoes in the area is not because there were Spartan Mosquito Eradicators hanging from trees but because the mosquitoes were all killed by months of insecticide treatments. Spartan Mosquito knew the area was being sprayed with insecticide, too, but ignored that detail when it concluded that the presence of the Spartan Mosquito Eradicators resulted in “the most effective, longest-lasting Zika-control response on record anywhere”. Making a health claim violates both EPA and state rules.

Spartan Mosquito repeated the claim in a Facebook ad:

Spartan Mosquito's Zika advertisement on Facebook

… and in a television segment (jump to the 40-second mark):

Efficacy claims from boric acid formulation

It’s important to note that at the time of the Zika “case study”, the tubes appear to contain boric acid, not table salt. I determined that by freezing the above television clip (@ 1 min 9 secs) and looking at the ingredient list at the bottom of the label.

Spartan Mosquito Eradicator tubes showing boric acid as ingredient

Spartan Mosquito even gave one of its tubes to the Mississippi Department of Health’s entomologist, who took a photograph (below). This photograph confirms that the tubes used at the Lamar County site contained boric acid.

Spartan Mosquito Eradicator tube showing boric acid as ingredient

This means that the efficacy claims (“kills up to 95% of mosquitoes for 90 days”) on current boxes of Spartan Mosquito Eradicators are based on a version of the product with a different formulation. And, by extension, the graph is based on the boric-acid case study, too:

Spartan Mosquito Eradicator efficacy graph

Sale of unregistered, boric-acid version?

There’s another consequence of using boric acid (a Federally-regulated pesticide) in early versions of the Spartan Mosquito Eradicator — it means that the company was required to get an EPA registration to legally sell the device in the United States. It didn’t have one. I’m not sure exactly which states the Spartan Mosquito Eradicator was shipped to during this time. Or maybe it was just in-store sales in Mississippi.

States banning the Eradicator

You’d think given all of the above that the device would have been banned long ago, but most states allow the Spartan Mosquito Eradicator to be sold without restriction and with no alterations of its original packaging and claims. And retailers in these states can repeat and amplify those claims (“get your yard mosquito free”) to generate sales.

Sales of the Spartan Mosquito Eradicator have been blocked only in California, Connecticut, Indiana, Kansas, Maine, Montana, New Mexico, Pennsylvania, South Dakota, Utah, Washington, D.C., and Puerto Rico. States don’t announce why, usually, but one cited false and misleading claims, lack of acceptable efficacy data, and presence of numerous health claims on the company’s website (here are archived snapshots) and its Facebook page (company is in the process of hiding the claims).

Audit of 25(b)-exempt pesticides

A recent initiative by the Association of American Pesticide Control Officials (AAPCO) is likely generating fresh scrutiny of the Spartan Mosquito Eradicator. Per the group’s website, state regulators in Arizona, Indiana, Maine, Mississippi, South Dakota, Washington DC, and Wisconsin have all volunteered to make a list of “minimum risk” pesticides on the market in their respective areas and then evaluate how the products were vetted. The end goal of this exercise is to help all states standardize how such products are approved. The emphasis will be on efficacy data, and AAPCO has 2-pages of guidance on the topic, all of it very sensible. Here’s a sampling of what the group recommends:

  • Application should include a complete description of the materials and methods, statistical results, and conclusions.
  • “Data must be credible, independently collected, reproducible, and replicated.”
  • “Data should include a minimum of three (3) replicates per test.”
  • “Data should be generated with the product (formulation) submitted for registration.”
  • “Data should include an untreated control.”
  • Study director should have actual experience in designing and conducting experiments.

In regards to the latter requirement, to my knowledge Jeremy Hirsch did not have any experience in conducting mosquito trials. At the time of the study he owned a sandwich shop franchise:

In addition to standardizing the data requirements, participating states will also collect and study products labels. The part of the label that might be discussed for the Spartan Mosquito Eradicator is the name of the product itself. In AAPCO’s guidance, misleading brand names is a concern:

Screen shot of AAPCO rule on misleading brand names

Because “eradicate” means to eliminate entirely, state regulators might reasonably view “Eradicator” as misleading. Indeed, the EPA specifically identified “Eradicator” as a misleading brand name in 2002, years before the Spartan Mosquito Eradicator came to market.

What’s especially interesting about the audit is that Mississippi, Spartan Mosquito’s home state, is participating. And, according to the Mississippi Bureau of Plant Industry, Spartan Mosquito never submitted efficacy data even though doing so is a requirement (screenshot of its rules is below).

Mississippi's efficacy requirement for 25(b) pesticides

In contrast, some of participating states have seen the efficacy data and have banned sales of the device. I think the audit process (which involves numerous rounds of reports and meetings) could easily trigger stop-sale orders in those states that haven’t yet appreciated the device’s shortcomings. I suspect it might also trigger scrutiny of the company’s new version, the Spartan Mosquito Pro Tech, which reverts to the original formulation of boric acid.

Spartan Mosquito Pro Tech in a tree

Does the Spartan Mosquito Pro Tech attract mosquitoes?

This post evaluates the claim on the label, “mosquitoes will gather near them”. Per the company, it is the first step in how the device kills mosquitoes. I.e., the device needs to attract mosquitoes if it is going to work.

mosquitoes will gather

Evaluating the claim

I used a security camera to record activity around the cap area. Here’s a photograph of how I arranged everything:

Spartan Mosquito Pro Tech with security camera

Below is a 15-second time-lapse to show that small insects such as ants were easily visible, even at night. I think they are Prenolepis imparis, which are 3-4 mm long —mosquitoes are larger and thus would be detectable even in flight.

On the day that began filming (September 2nd, 2020) I counted over a dozen mosquitoes (all Aedes albopictus) landing on my arms and legs within 30 seconds. According to the instruction sheet, the device begins to work instantly, as soon as water is added, so an hour of remote, video observation should be a sufficient amount of time to evaluate the attraction claim.

Spartan Mosquito Pro Tech begins working instantly

I collected continuous footage for over a week, ending observations on September 10th. The mosquitoes were still plentiful on that day.

Results

During 183 hours of footage, I couldn’t find a single mosquito on or near the device. Here are the contents. I also posted a photograph to iNaturalist.

Conclusion

Because the Spartan Mosquito Pro Tech did not attract any mosquitoes, it therefore did not kill any mosquitoes. If my results are generalizable to other yards, the device is worthless as mechanism of mosquito control.

It is noteworthy, I think, that Spartan Mosquito has not made public a single video of mosquitoes gathering around a Pro Tech (or an Eradicator) when it is deployed outside. My guess is that the company has tried many times to get such footage but has not succeeded in attracting a mosquito. It will be interesting to know whether they will be compelled to disclose their efforts in a court of law. I.e., because the company has formally claimed to the EPA that “mosquitoes will gather” around the Pro Tech, the company would be in substantial legal jeopardy if that statement turned out to be false. If that’s what is going on then it seems likely that the EPA Enforcement Office might coordinate with the FTC as well.

Please also see my page, “Spartan Mosquito Pro Tech review“.

Footage

In case anyone might be skeptical of my results, I decided to upload all 183 hours of footage onto YouTube. I had to break it into 16 segments due to size limits on YouTube.

Class action suit over Spartan Mosquito Eradicators

Spartan Mosquito is facing a $5 million class-action lawsuit for falsely advertising that Spartan Mosquito Eradicators kill mosquitoes.

The device is a plastic tube filled with water, sugar, yeast, and salt. The company advertises that mosquitoes are drawn inside the device, drink the fluid, exit, then die. The claim is that up to 95% of mosquitoes in a yard are killed for up to 90 days. I reviewed the device in 2019.

Below is a photograph of the founders, Chris Bonner (orange shirt) and Jeremy Hirsch (blue shirt), demonstrating the Eradicator.

Chris Bonner and Jeremy Hirsch

Here’s a PDF of the complaint. Some additional files are available at Court Listener. I have all the files if you are interested.

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 …”
  • “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.”
  • “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.”

Trial

One reason why Spartan Mosquito seems likely to lose is that scientists have confirmed that salt (the “active” ingredient) doesn’t kill mosquitoes. And another team of scientists has confirmed that Spartan Mosquito Eradicators do not control mosquitoes. So there’s rather good evidence the tubes don’t work. It’s likely the scientists who conducted the studies will be called to testify.

The attorney who filed the class-action, Yitzchak Kopel, seems to specialize on companies that make false mosquito-control claims.

I plan on attending the trial.

  • Spartan Mosquito is being sued by the non-profit, Remember Everyone Deployed, for copyright infringement (and etc.). Spartan Mosquito now runs a similar website and Facebook page. Details.
  • Spartan Mosquito is being sued by Lights On Distributors, Bryan Carter, and Think Webstore (the ad agency responsible for Spartan Mosquito’s success) for breach of contract, etc. Documents claim, in part, that Spartan Mosquito hid profits by funneling “significant sums of money” to the company’s treasurer, Lady Josephine Hirsch (wife of co-founder, Jeremy Hirsch). Details.
  • There’s a NASCAR suit involving breach of contract, etc. Brennan Poole is also named in suit. Details.
  • Spartan Mosquito is suing me for alerting the EPA. Not sure when the trial will be held. I plan on attending. Details.

There may be other lawsuits that I don’t know about. For example, the company posted on its Facebook page that a group of scientists at Purdue University is suing Spartan Mosquito, perhaps over the $500,000 prize for a contest announced on Facebook (I’m guessing Spartan Mosquito doesn’t want to pay up). I’ve also been informed that the Environmental Protection Agency is investigating Spartan Mosquito, so perhaps Federal charges will materialize at some point. But the latter might relate to the company’s other device, the Spartan Mosquito Pro Tech.

I’ll update this page as cases work their way through court system. If you have information on any of the above, please contact me.