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 …”
- “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.”
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.
February 24, 2021
- “Notice of motion to dismiss complaint by defendants AC2T, Inc. and Jeremy Hirsch“
- “Memorandum of law in support of motion by AC2T, Inc. and Jeremy Hirsch to dismiss complaint“
- “Declaration of defendant Jeremy Hirsch in support of motion to dismiss complaint”
- Exhibits (14 PDFs) mentioned in 2021-02-24 memorandum in support of motion to dismiss
- “Notice of defendant Bonner Analytical Testing Co.’s motion to dismiss“
- “Memorandum of law in support of defendant Bonner Analytical Co.’s Motion to Dismiss“
- “Plaintiff’s memorandum of law in opposition to defendants’ motions to dismiss“
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.