Dances with Words: What’s Missing from Fireclean’s Latest Lawsuit?

As voluminous as the Fireclean lawsuit is at 50 pages of complaint and 200 pages of exhibits, what’s most notable is not what is in the suit, but what is not in the suit. Put more precisely, what is no longer in the suit is what really caught my attention.

On September 13, 2015, Fireclean released a statement which included the line “(Fireclean) is… not a re-labeled or re-packaged product.”

On March 17, 2016, Fireclean filed a lawsuit against me. On page 7 of that lawsuit was the line “Fireclean is not otherwise a re-labeled or re-packaged pre-existing consumer or retail product.”

On September 11, 2016, Fireclean filed another lawsuit against me. On page 11 of this complaint was the line “Fireclean is not a re-labeled or repackaged pre-existing consumer or retail product.”

On February 8, 2017, Fireclean amended their September complaint. While they added claims of aiding and abetting George Fennell’s tortious conduct, they also removed several lines from the complaint. One of those missing lines was that which is referenced above in triplicate.

Editing mistake, you say? Well, even if we ignore that this line has been central to the defense of their product since their very first response to my first article, examine this footnote from a Fireclean opposition to a defense motion in the Fennell case, filed February 7, 2016:

The same brand and quantity of oils sold by this “non consumer or retail” wholesaler are also available for sale on Amazon.com, which you may know as a source of consumer or retail products.

The day after the document containing that footnote was filed, Fireclean removed the line “Fireclean is not a re-labeled or repackaged pre-existing consumer or retail product” from their lawsuit against me in Arizona.