Class action filed over Silent Snooz; Plaintiff sued makers of Breathe Right last year

Kelly Holleran Sep. 18, 2012, 2:13am

A man has filed a second putative class action complaint over a snore relief product, saying it fails to work as advertised.

Justin Swires filed the complaint Aug. 30 in St. Clair County Circuit Court against Incredible Scents.

In his current complaint, Swires alleges the Silent Snooz nasal septum ring manufactured by Incredible Scents fails to reduce snoring as represented.

"Defendant markets and sells 'Silent Snooz' to create the reasonable expectation with purchasers that its Silent Snooz product (1) reduces frequency of snoring; (2) is clinically tested and proven to reduce snoring, promote free breathing, open nasal passages, and facilitate nasal breathing; and (3) is patented to reduce snoring, promote freer breathing, open nasal passages, and facilitate nasal breathing," the suit states.

However, none of Incredible Scents's allegations have proven true, according to the complaint.

In his complaint, Swires alleges Incredible Scents violated the Consumer Protection Act, breached its expressed warranty and was unjustly enriched.

Swires filed a nearly identical lawsuit in October 2011 against CNS, saying its Breathe Right snore relief spray also failed to work as indicated.

In his current complaint, Swires seeks an order that would require Incredible Scents to remove language on the side of its product that represents it reduces the frequency of snoring. He also seeks restitution not to exceed more than $75,000 per class member and an order requiring Incredible Scents to disgorge all revenues it obtained from sale of its products. Swires also seeks statutory, monetary, compensatory and punitive damages, plus interest at the maximum legal rate, costs and other relief the court deems just.

Brian T. Kreisler of The Kreisler Law Firm in O'Fallon and Michael R. Reese of Reese Richman in New York will be representing him in the current complaint.

John E. Campbell, Erich V. Vieth and Ryan A. Keane of The Simon Law Firm in St. Louis represented him in his complaint against CNS.

St. Clair County Circuit Court case number: 12-L-453.

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