WaxVac Allegedly Failing to Work As Intended
The most disregarded warning in the known world is the “Do not insert into ear canal” warning found on Q-Tip and other cotton swab products. Unauthorized use of a cotton swab can result in a ruptured eardrum and has a tendency to push wax further into the ear canal. Thankfully, Lenfest Media Group, located in King of Prussia, Pennsylvania, created the WaxVac so that millions of Americans could enjoy clean ears without the shame of misusing cotton swabs. The WaxVac, which looks like a hot glue gun, “gently draws dirt particles and moisture out quickly and safely.” But wait one minute, according to a class action lawsuit filed in the U.S. District Court in Pennsylvania, the WaxVac doesn’t actually work, and thousands, if not millions, of consumers have been duped. Apparently, the FDA sent a letter to Lenfest last year informing the company that it did not have an “approved application for premarket approval” and that it should “immediately cease activities that result in the misbranding or adulteration of the WaxVac.” Wait a minute, you are telling me that the mini-ear vacuum, a product that costs less than the process and handling fee and that can be seen on late night infomercials, might not work?! Color me shocked. The named plaintiffs, Marc Weinstein and Thomas Ferguson, have sued Lenfest for unjust enrichment, breach of express warranty, breach of implied warranty of merchantability, and breach of duty of good faith and fair dealing and have asked the Court to restrict Lenfest from selling the WaxVac. They claim their damages could exceed $5 million. We’ll see what discovery reveals.