Judge smells a rat, OKs pest repellent suit
A lawsuit over a device that claims to repel rodents through sonic waves can proceed — because photos show mice sleeping on the contraption, a judge ruled Wednesday.
Manhattan Federal Court Judge William Pauley's decision denying manufacturer's Bell & Howell's bid to toss the suit was nine pages. But he summed up his ruling against the company — also known as BHH — with three images.
“It is often said that a picture is worth a thousand words,” he wrote.
“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. That leaves this Court wondering how BHH can argue that there is no disputed issue of material fact as to efficacy.”
The class-action suit alleges that the ultrasonic pest repellers are completely ineffective and that BHH engaged in fraudulent marketing. Devices cited in the suit cost between $20 and $50.
An attorney for BHH, Adam McCabe, called Pauley's decision “disappointing.”
“Our client stands by its product and the product's effectiveness. Numerous scientists and laboratory testing of ultrasonic pest repellers confirm their effectiveness. It's unfortunate that the photo, taken by plaintiffs' paid experts in a staged and unverifiable setting, was included in the Order,” McCabe said.