A "Scent-sational" Win |
Wednesday, October 10 2012 |
The manufacturer of odor-reducing carbon hunting apparel recently claimed a global victory in nine federal lawsuits challenging its ability to control human odor. ALS Enterprises, Inc., the maker of Scent-Lok, was sued in nine cases, including one in the U.S. District Court, Northern District of Florida, filed by Dennis Pickering. In this consumer class action case, Pickering alleged that the manufacturer's carbon hunting clothing did not work as advertised. In a related case before the Eighth Circuit Court of Appeals, expert testimony led to a court finding that the advertisements were not "literally false." In August of 2012, the district court in the lead case granted the manufacturer's motion to dismiss. In that order, it was stated that, "the Court is firmly convinced that 'this litigation is so feeble that it is best to end it immediately,' as its 'only goal...appears to be fees for the plaintiffs' lawyers.' Indeed, it would simply ignore reality to believe that this case is about anything other than fees at this juncture, given the small number of Plaintiffs and the paltry damages they could recover if they were to prevail. There exists no perceptible public benefit." Less than a week later, all remaining lawsuits were settled through a stipulation of dismissal with prejudice. Greg Sesselmann, Scent-Lok's president and the inventor of carbon hunting clothing, commented, "We are gratified and vindicated by our win in these nine lawsuits. ... It saddens me to think that plaintiffs and their lawyers are allowed to use the legal system to bring groundless lawsuits against companies like ours."
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