LOS ANGELES and SANTA BARBARA – Today, City Attorney Hydee Feldstein Soto and District Attorney John T. Savrnoch announced that they have secured a preliminary injunction against defendants Sunseeker Enterprises (DBA Sun FireDefense) and owner James Moseley. Defendants allegedly made misleading claims about their SPF3000 Clear Spray product, which they marketed as a coating that can prevent homes from catching fire.
Pending trial, the Superior Court restricted the types of advertising defendants may engage in, including barring them from making claims that SPF3000 Clear Spray (‘the Product”) does the following:
- Provides protection against heat and burning embers up to 3000°F, or to any specific temperature; however, claims that the product is intended or designed to provide protection from fire on treated structural lumber, are not prohibited except as otherwise provided in the order;
- Prevents ignition and spread of fire on treated exterior surfaces of cedar shake, T1- 11 siding, or stucco;
- Is Class A Rated, without a disclaimer that the Class A Rating applies to treated structural lumber and not to treatment of exterior siding;
- Maintains its advertised qualities for more than one year; and
- Is non-toxic or environmentally friendly.
“If consumers are led to believe that their homes are protected from wildfires, they may delay evacuation, putting the lives of their families and firefighters at risk,” said Hydee Feldstein Soto, Los Angeles City Attorney. “Given the great danger posed by wildfires, it is critical that California consumers receive truthful, accurate, and scientifically-validated information about fire protection products.”
District Attorney Savrnoch stated, “Wildfires pose an ever-present danger to our community, and protecting one’s home is a paramount concern. Consumers must be able to make properly informed choices about fire-protection products so as to not put themselves and family members needlessly in danger.”
On behalf of the People of the State of California, City Attorney Feldstein Soto and District Attorney Savrnoch filed a joint civil law enforcement action against Sunseeker Enterprises and Mr. Moseley. The action alleged that the company made false and misleading claims online, in print and in broadcast media claiming, among other things, that the product provides protection up to 3,000 degrees, is effective for five years, and is non-toxic to humans and animals.
Wildfires are an ever-present danger in communities across Los Angeles, Santa Barbara and in many other regions of the state. According to the California Department of Forestry and Fire Protection (“Cal Fire”), nearly 320,000 acres have burned this year.
Deputy City Attorneys William Pletcher, Miguel Ruiz, Louisa Kirakosian, and Alexandra Aurisch, of the Los Angeles City Attorney’s Office Public Rights Branch, and Deputy District Attorneys Christopher Dalbey and Morgan Lucas, of the Santa Barbara County District Attorney’s Environmental and Consumer Protection Unit, are litigating this matter.
Santa Barbara County Superior Court Case No. 19CV04083: Preliminary Injunction
The People of the State of California vs Sunseeker Enterprises Inc et al
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Hydee Feldstein Soto is the 43rd Los Angeles City Attorney, elected in 2022. Her team of nearly 1,000 legal professionals, including 500+ attorneys, carries out legal work for the City of Los Angeles at her direction. She is the first female City Attorney in L.A. history.