MOUSE TRAPPY HAPPY
They like repeller!
Make a better mouse trap and the world will beat a path to your door — but make one this bad and you’ll wind up on trial for fraud.
A Manhattan federal judge on Wednesday ordered Bell and Howell to face a class-action suit over claims that the Ultrasonic Pest Repeller it sold on the Home Shopping Network for about $40 a pack didn’t work — and, in fact, made mice want to cuddle up with it.
Judge William Pauley pointed to photos showing a gaggle of rodents hanging all over the device — with one seemingly snoozing on top of it.
“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,” the judge said of the photos attached to his ruling.
“That leaves this court wondering how BHH can argue that there is no disputed issue of material fact as to efficacy,” the judge said.
BHH, which owns the Bell and Howell trademark, had argued consumers should have known the repellers have certain limitations, according to court filings.
The contraptions emit a signal that is “absorbed by soft objects, such as carpeting, and is reflected by hard surfaces, such as furniture,” according to BHH.
But the judge rejected that argument, saying BHH should tell it to the jury.
“Judge Pauley’s order is a huge victory for the more than 1 million class members that purchased Bell and Howell pest repellers,” lawyer Yitz Kopel said.
A lawyer for BHH called the ruling “disappointing” and called into question the photos used in customers’ fraud claims.
“It’s unfortunate that the photo, taken by plaintiffs’ paid experts in a staged and unverifiable setting, was included in the order,” lawyer Adam McCabe said.
“Numerous scientists and laboratory testing of ultrasonic pest repellers confirm their effectiveness,” he added. “Our client stands by its product and the product’s effectiveness.”