Court records show that a final pretrial conference in the case was scheduled to take place Thursday morning in Benton before U.S. District Judge J. Phil Gilbert with a jury trial set for Dec. 16.
Filed in August by Justin Swires, the complaint claims that the Silent Snooz nasal septum ring manufactured by the defendant, Incredible Scents, fails to reduce snoring.
Walgreen Co. is also named as a defendant. Swires bought the product from a Walgreen’s in St. Clair County.
Swires claims that Incredible Scents markets and sells Silent Snooz as a product that has been clinically tested, proven and patented to reduce the frequency of snoring, even though none of its allegations are true.
His complaint, which proposes a nationwide class, alleges Incredible Scents violated consumer protection laws, breached its expressed warranty and was unjustly enriched.
Swires’ suit seeks restitution not to exceed $75,000 per class member, as well as other damages and costs that Walgreen Co. contends in its Dec. 3 notice of removal could exceed $5 million.
In addition, Swires wants Incredible Scents to remove the language on the side of its product that says it reduces the frequency of snoring and give up all the money it has made from selling Silent Snooz.
Winthrop B. Reed III and David B. Helms of Lewis, Rice and Fingersh in St. Louis submitted the removal notice on the defendants’ behalf.
O’Fallon attorney Brian T. Kreisler represents Swires, who filed a similar suit last year against the makers of Breathe Right.