New York Daily News

Judge smells a rat, OKs pest repellent suit

- BY STEPHEN REX BROWN

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.

 ??  ?? Photo in class-action suit show mice snoozing on device (inset) meant to repel them.
Photo in class-action suit show mice snoozing on device (inset) meant to repel them.
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