‘Salt Cannot Kill Mosquitoes’: Spartan Mosquito Eradicator Is ‘A Complete Scam,’ Class Action Alleges [UPDATE]
Last Updated on August 1, 2024
Rosenfeld v. AC2T, Inc. et al.
Filed: September 30, 2020 ◆§ 1:20-cv-04662
A class action claims the Spartan Mosquito Eradicator product is "a complete scam" whose ingredients cannot control mosquito populations.
New York
October 20, 2023 – $3.6 Million Settlement Reached in Spartan Mosquito Eradicator Lawsuit
A subsequent lawsuit filed in state court nearly two months after the proposed class action detailed on this page was voluntarily dismissed in January 2023 has settled for $3.6 million.
The official Spartan Mosquito Eradicator settlement website can be found at AC2TSettlement.com.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The settlement, which awaits final approval, covers anyone who purchased the Spartan Mosquito Eradicator or Spartan Mosquito Pro Tech products in the United States, for personal use and not for resale, between December 21, 2016 and August 2, 2023.
Eligible consumers can receive a share of the $3.6 million only by submitting a timely, valid claim, which can be mailed to the settlement administrator or submitted on the settlement website here. Claim forms must be postmarked or filed online by December 1, 2023.
Consumers who file a claim without proof of purchase can recover up to $7 per box, limited to one per household. Those with proof of purchase that reflects the actual price they paid for the product may receive the full purchase price for each box they bought. Alternatively, consumers with proof of purchase that does not reflect the price paid may recover up to $10 for each box purchased. The amount of class members’ individual settlement payments will be determined by how many valid claims are submitted.
According to the settlement agreement, AC2T will no longer manufacture or sell the Spartan Mosquito Eradicator, pending the deal’s final approval from the court. The document adds that, as part of the settlement, the defendant has also agreed to investigate the efficacy of the Spartan Mosquito Pro Tech, and if the research shows deficiencies, the company will reformulate the product or cease sales altogether.
The deal was preliminarily approved by Judge Katherine A. Levine in August 2023, and a hearing to grant final approval is scheduled for December 4.
Don’t miss out on settlement news like this. Sign up for ClassAction.org’s free weekly newsletter here.
The Spartan Mosquito Eradicator, touted as able to control 95 percent of mosquitoes for up to 90 days, is “a complete scam,” a proposed class action alleges, claiming defendants AC2T and Bonner Analytical Testing Co. are well aware the product is simply ineffective.
The 18-page suit says independent peer-reviewed research published recently in the Journal of Florida Mosquito Control Association, as well as in other scientific studies, reveals the Spartan Mosquito Eradicator falls well short of the representations on its label.
According to the case, AC2T’s sale of the Spartan Mosquito Eradicator amounts to a “fraudulent scheme” furthered with cooperation from defendant Bonner Analytical Testing Co., which the suit relays is owned by Spartan’s vice president.
Though the product was, in fact, tested in both a laboratory setting and field study to determine its effectiveness in reducing the population of a common species of mosquito known to carry disease, the results of the study, the lawsuit relays, show the product does not work.
“The findings of this study were hardly surprising,” the complaint, filed in New York federal court, says. “The Product only has three ‘active’ ingredients: sugar, salt, and yeast. Consumers are also instructed to add water to the devices. The devices purport to attract mosquitoes to drink their four-ingredient solution which supposedly kills the mosquitoes before they can breed.”
According to the lawsuit, however, the defendants’ claims with regard to the efficacy of their sugar-salt-yeast-water solution are too good to be true.
“Scientists have repeatedly researched whether consuming salt can kill mosquitoes,” the suit reads. “It cannot.”
Unfortunately for consumers, the salt content of the Spartan Mosquito Eradicator once water is added is “remarkably close to the salt content in the human blood – 1% of the Product’s solution vs. .9% observed in human blood,” the lawsuit says. In truth, mosquitoes who feed on the salt content of the defendants’ product do not experience “cuts” in their stomachs, and are actually able to eliminate the salt, the suit claims.
“In other words, mosquitoes simply urinate the salt out—just like other animals,” according to the case, which says another independent peer-reviewed study, conducted by the University of Mississippi’s School of Biological, Environmental, and Earth Sciences and yet to be published, supports the claim that salt ingestion will not reduce mosquito populations.
From the suit:
“The study explains that ‘several manufacturers … have promoted devices that claim ingestion of salt will significantly reduce populations of wild mosquitoes … there are no known scientific efficacy data that support these claims.’ … To be sure, the study tested the impact of salt ingestion on 9 common species of mosquito: Aedes aegypti, Aedes albopictus, Aedes dorsalis, Aedes notoscriptus, Aedes vigilax, Anopheles quadrimaculatus, Culex pipiens, Culex quinquefasciatus, and Culex tarsalis. Id. The study states that ‘[b]ased on our data and coupled with the fact that mosquitoes have physiological and behavioral adaptations that allow them to avoid or process salt (as found in blood meals), we conclude that there is no scientific foundation for salt-based control methods of mosquitoes.’”
Moreover, the above-referenced study specifically mentions the Spartan Mosquito Eradicator as one such device for which there’s no data “that have tested the effectiveness of salt as a substance to kill mosquitoes,” the lawsuit continues. The authors of the study warned that state and federal laws, in many instances, do not mandate efficacy data to support claims made on mosquito control devices, and caution use of products such as the Spartan Mosquito Eradicator given they could pose a danger in areas where the bugs could transmit pathogens, according to the suit.
A step further, another peer-reviewed study, published in the International Journal of Environmental Research and Public Health, found that consumption of salt content in mosquitoes actually causes them to consume more blood than they otherwise would have, the lawsuit claims.
With regard to the defendants’ use of sugar and yeast, the case, citing scientific studies, asserts yeast is ineffective given it’s already present in mosquitoes’ intestinal microbiota. As with salt, yeast is also food in human blood, the lawsuit says, characterizing the defendants’ claims that yeast and sugar could cause mosquitoes to explode as “absurdly misguided.”
The lawsuit alleges the defendants “already know that the Product does not work,” having repeatedly commissioned efficacy tests which debunked their marketing claims before then suppressing the publication of these findings via nondisclosure agreements and “threats” to those involved in the research.
“These threats to scientists sounding the alarms on the Product’s failure to work as advertised are key to furtherance of Defendants’ fraudulent scheme,” the complaint says. “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.”
In all, the plaintiff, a Brooklyn consumer, claims the defendants have sold millions of Spartan Mosquito Eradicators in the U.S. based on false promises of effectiveness backed by at least one Bonner Analytical study deemed “scientifically invalid.”
The consumer alleges the defendants’ actions are “especially malicious” given “they know consumers are relying on their worthless Product to protect them from mosquito-borne illnesses.”
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.
Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
Stay Current
Sign Up For
Our Newsletter
New cases and investigations, settlement deadlines, and news straight to your inbox.
Before commenting, please review our comment policy.