LOS ANGELES and SANTA BARBARA - Today, City Attorney Hydee Feldstein Soto and District Attorney John T. Savrnoch announced that a default judgment had been granted in a consumer protection case brought on behalf of the People of the State of California against defendants Sunseeker Enterprises, Inc. (DBA Sun FireDefense) and owner James Moseley over numerous misleading claims made about their spray-on coating – “SPF3000 Clear Spray” – which purported to protect homes from wildfires. The judgment, which also includes nearly $4.8 million in civil penalties and restitution to victimized homeowners, permanently enjoins the Defendants from making false advertising claims about SPF3000.
"Putting a stop to deceptive and unfair business practices that put consumers in harm's way is one of the key reasons we formed a Public Rights Branch in my administration,” said Hydee Feldstein Soto, Los Angeles City Attorney. "This judgment is a testament to the importance of the work we do. The result reaffirms our commitment to public safety and consumer protection and holds bad actors accountable when they engage in unfair, unlawful or deceptive business practices that lull consumers into a false sense of security when wildfires occur."
Santa Barbara County District Attorney John Savrnoch said, “As another wildfire rages through Santa Barbara County, the need to protect consumers from deceptive and unsubstantiated claims about fire protection is more important than ever. This judgment emphasizes the dedication of the Consumer Protection unit of the Santa Barbara County District Attorney’s Office to keep citizens safe from relying on baseless claims which could put their lives and property at risk.”
In addition to being liable for civil penalties and consumer restitution of $4.8 million, the Defendants are also permanently enjoined and prohibited from violating the False Advertising Law, Business and Professions Code 17500. Among the many false claims, as alleged in the complaint, they can no longer make in advertisements about SPF3000 are claims that:
- It protects against heat and embers up to 3,000 degrees;
- It is effective for 5+ years after a single application;
- It is non-toxic to humans and animals;
- It was developed in collaboration with NASA; and
- It has been endorsed by the National Fire Protection Association, the Discovery Channel, and the Los Angeles Times, among others.
Deputy City Attorneys William Pletcher, Louisa Kirakosian, and Alexandra Aurisch, of the Los Angeles City Attorney’s Office Public Rights Branch, and Senior Deputy District Attorneys Christopher Dalbey and Morgan Lucas, of the Santa Barbara County District Attorney’s Consumer and Environmental Protection Unit, litigated this matter.
Santa Barbara County Superior Court Case No. 19CV04083
The People of the State of California vs Sunseeker Enterprises Inc et al.
Default Judgment
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Hydee Feldstein Soto is the 43rd Los Angeles City Attorney, elected in November 2022 and sworn into office in December 2022. Her team of more than 1,000 legal professionals, including 550 attorneys, carries out legal work for the City of Los Angeles at her direction and under her supervision. She is the first female City Attorney in L.A. history.