Snore relief product Breathe Right subject of St. Clair County class action

Kelly Holleran Oct. 26, 2011, 1:48am


Breathe Right snore relief spray, which is intended to correct snoring problems, fails to work as advertised, according to recently filed court documents.

Justin Swires filed a putative class action complaint in St. Clair County Circuit Court against CNS.

CNS, which manufactures the orally ingested throat spray Breathe Right Snore Relief, promises to bring 85 percent of snorers relief with the product, Swires claims.

"CNS markets and sells 'Breath (sic) Right Snore Relief' to create in purchasers the reasonable expectation that the Snore Relief product (1) reduces loudness and frequency of snoring; (2) provides '30 quiet nights,' (3) 'can help 85 percent of snorers get relief' and (4) 'lubricates throat tissues to minimize vibrations and control the snoring sound,'" the suit states.

However, none of CNS's claims have proven true, according to Swires's complaint. CNS has no scientific validity for making the statements, the complaint says.

In his complaint, Swires alleges CNS violated the Illinois Consumer Fraud and Deceptive Business Practices Act and was unjustly enriched through the sale of the spray.

Swires seeks an order that CNS disgorge all money he and putative class paid for the spray. In addition, he seeks compensatory and consequential damages, plus pre- and post-judgment interest, attorneys' fees and other relief the court deems just.

John E. Campbell, Erich V. Vieth and Ryan A. Keane of The Simon Law Firm in St. Louis will be representing him.

St. Clair County Circuit Court case number: 11-L-587.

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