Bell Deer Warning Devices Are ‘Ineffective and Worthless,’ Class Action Alleges
Haass v. Hopkins Manufacturing Corporation
Filed: February 12, 2021 ◆§ 7:21-cv-01290
A class action claims Bell Deer Warning whistles made by Hopkins Manufacturing Corp. are "ineffective and worthless."
New York
Bell Deer Warning devices made by Hopkins Manufacturing Corporation are a sham, a proposed class action alleges.
The 15-page lawsuit claims the so-called “deer whistles,” which, when mounted on a car’s front bumper, purportedly help reduce auto accidents by producing a “dual-pitch sound to alert nearby animals,” do nothing to prevent collisions with deer.
“They are ineffective and worthless,” the case, filed in New York’s Southern District, says of the product.
According to the complaint, researchers have long known that deer whistles are ineffective, yet “unscrupulous” companies continue to market and sell the products. The Insurance Institute for Highway Safety, for instance, stated that there exists “no firm evidence that whistles are effective and considerable evidence that they are not,” the case says. Similarly, a peer-review study on the efficacy of commercially available deer whistles found no differences in the response of 150 groups of free-roaming mule deer to a vehicle with and without warning whistles, the lawsuit relays.
The lawsuit, citing numerous “do they work?” news reports centered on deer whistles, says Hopkins Manufacturing is “well-aware” of the media coverage regarding its products, in particular due to the fact that photos of the devices are shown on television and that the company has doubtlessly been asked for comment.
“Thus, Defendant is well-aware its Devices do not work but continues selling them to unsuspecting consumers nationwide,” the suit alleges.
The plaintiff, a Dover Plains, New York resident, claims to have bought Bell deer whistles on the basis of the defendant’s claim that the product can help reduce accidents. The suit says neither the plaintiff nor other consumers would have bought the product, or would have paid substantially less, had they known Hopkins’ representations were false and misleading.
The lawsuit looks to represent all consumers in the United States who purchased Bell Deer Warning Devices made by Hopkins Manufacturing Corporation.
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