LOS ANGELES – A class-action suit has been filed against the makers of the Smart Swab over allegations the product does not work as advertised.
Lorena Hernandez filed a complaint on behalf of all others similarly situated on Oct. 28 in the U.S. District Court for the Central District of California against Telebrands Corp. and Does 1 through 10 citing unfair competition, unjust enrichment and other counts.
According to the complaint, the defendant markets the Smart Swab as being a safe and easy way to remove ear wax from ears. The plaintiff alleges the product did not work as promised and that she suffered damages from being misled into purchasing a misleading product. The plaintiff holds Telebrands Corp. and Does 1 through 10 responsible because the defendants allegedly made false claims regarding the effectiveness and ease of use of the product.
The plaintiff requests a trial by jury and seeks damages, restitution and disgorgement, to enjoin the defendant, punitive damages, order the defendant to engage in a corrective advertising, all legal fees and any other relief as the court deems just. She is represented by David N. Lake of Law Offices of David N. Lake in Encino and Brian M. Felgoise of Felgoise Law Firm in Jenkintown, Pennsylvania.
U.S. District Court for the Central District of California Case number 2:16-cv-08046-FMO-SK