Dec. 03, 2012
Court cites the “possibility of harm” from using Green Cartridge that is “not in compliance” with Plumbing Codes.
Los Angeles, CA. December 3, 2012. After presentation of voluminous evidence, full written briefs, and oral arguments, the California Superior Court in San Diego County recently enjoined Liquidbreaker LLC “from promoting, offering for sale, selling, distributing or installing” Liquidbreaker’s Green Cartridge that it sells for use in Sloan® and Falcon Waterfree® urinals.
The Court also enjoined Liquidbreaker from causing any third party to “promote, offer for sale, sell, distribute or install” the Green Cartridge into Sloan® and Falcon Waterfree® urinals.
A related Court ruling noted the Liquidbreaker’s ‘Green Cartridge’“does not have a 2” liquid seal and it relies on a forbidden form of mechanical trap (which can fail) to prevent sewer gases from escaping… The absence of the required liquid seal and the use of a mechanical trap are both factors that increase the risk that the Liquidbreaker cartridge will fail and allow sewer gases to leak into the restroom… Defendants [Liquidbreaker] are marketing and selling a product that does not comply with the law and are therefore engaged in unlawful business practices”. The Court found that Falcon established a high probability of success on its claim that the sale of Liquidbreaker’s ‘Green Cartridge’ failed to comply with California laws.
Falcon Waterfree Technologies – the world’s largest manufacturer of waterless urinals – commenced the legal action because it saw that Liquidbreaker’s‘Green Cartridge’put the public at multiple risks due to the product’s non-compliance with plumbing code requirements. Falcon’s lawsuit sought an injunction based upon Liquidbreaker’s deceptive practices in marketing its ‘Green Cartridge’ for use in Falcon® and Falcon-licensed waterless urinals.
All waterless urinal cartridges that Falcon Waterfree manufactures are patented and certified to comply with the standards of the Uniform Plumbing Code (UPC), International Plumbing Code (IPC), and National Standard Plumbing Code (NSPC). While Falcon’s cartridges are IAPMO-certified as UPC compliant, IAPMO representatives testified that Liquidbreaker’s‘Green Cartridge’ lacks a two inch (2”) liquid trap design (as required by plumbing codes throughout America) and is non-compliant with the UPC. The California Court determined that the ‘Green Cartridge’ violates relevant plumbing code provisions.
“Liquidbreaker deceptively marketed its cartridges as compliant and safe replacement cartridges for Falcon-branded and Falcon-licensed waterless urinals, but the ‘Green Cartridge’ violates plumbing code requirements designed to protect the public health,” said Simon A. Davis, President & CEO of Falcon. “Falcon is committed to its customer’s health and safety and actively pursued this action against Liquidbreaker in order to prevent public health and safety risks.”
“Facility owners and managers should be alert to the Court’s injunction, to Liquidbreaker’s bankruptcy, and to the significant risks associated with using the ‘Green Cartridge’”, Davis noted.
The California Superior Court action is Falcon Waterfree Technologies vs. Giovanni Fima & Liquidbreaker(Case# 37-2012-00053834-CU-BT).
The U.S. Bankruptcy Court action in the Southern District of California is In Re Liquidbreaker(Case#12-12559-11-CL).
About Falcon Waterfree Technologies
Founded in 2000, Falcon Waterfree Technologies manufactures and markets advanced waterfree urinal technology for commercial, institutional, and government facilities. Falcon Waterfree conducts business worldwide, with manufacturing facilities in 6 countries as well as offices and affiliates in more than 50 nations. Falcon Waterfree products are in use around the world in stadiums and arenas, schools and universities, airports and every type of commercial and institutional facility. Falcon is privately owned by Mapleton Investments and Capricorn Investment Group.
For more information, please contact:
Steve Nuskiewicz, SVP National Sales
Falcon Waterfree Technologies, LLC