MEMORANDUM OPINION AND ORDER The plaintiffs — Carmelo Leon and Wanda Leon — brought this action against the defendants — United Industries Corporation (“UIC”), Spectrum Brands, Inc. (“SBI”), Cutter, and Home Depot U.S.A., Inc. (“Home Depot”) — in New York State Supreme Court, Bronx County. Compl. at 8, ECF No. 1-1. Mr. Leon asserted claims for strict products liability and negligence for design defect, manufacturing defect, and failure to warn, as well as claims for breach of various express and implied warranties. Id. at 12-15. Mrs. Leon asserted a claim for loss of consortium. Id. at 15. The plaintiffs’ claims arise from burn injuries Mr. Leon sustained during an incident involving a mosquito-repelling candle manufactured and sold by the defendants. On June 10, 2021, Defendants UIC and SBI removed the action to this Court. See Notice of Removal at 1, ECF No. 1. On October 6, 2023, the defendants moved to exclude the plaintiffs’ expert testimony and for summary judgment. ECF No. 42. For the following reasons, the defendants’ motions are granted. I. The following facts are based on the parties’ Rule 56.1 statements, counterstatements, and supporting papers, and are undisputed unless otherwise noted. On or about May 2020, the plaintiffs’ daughter, Alexandra Leon, purchased a mosquito-repelling candle called the “Cutter CitroGuard Candle” (the “Cutter Candle”) at a Home Depot location in the Bronx. Defs.’ Rule 56.1 Statement
1, 5, ECF No. 43-1. The plaintiffs argue that SBI designed and manufactured the Cutter Candle. Pls.’ Rule 56.1 Statement 4, ECF No. 49-2. SBI denies it designed or manufactured the Cutter Candle. Defs.’ Rule 56.1 Statement 4. Alexandra Leon then stored the Cutter Candle uncovered in an outdoor shed, where it remained until August 1, 2020. Id. 6. On August 1, 2020, the plaintiffs attended an outdoor gathering at Alexandra Leon’s home. Id. 7. The Cutter Candle was burning on the ground next to Mr. Leon, who was sitting at an outdoor table. Id. 8. The match used to light the Cutter Candle was in the container near the flames. Id. 9. The Cutter Candle suddenly started to “sizzle” and caught fire. Id. 10. Another guest at the gathering, Howell Woods, tried to move the Cutter Candle by pushing it with his foot. Id. 11. As a result, the Cutter Candle tipped over and spilled hot wax onto Mr. Leon, causing burn injuries to both of Mr. Leon’s legs. Id. 12. At the time Mr. Leon was injured, the Cutter Candle’s label, including its warnings, was approved by the Environmental Protection Agency (“EPA”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) and complied with FIFRA’s labeling requirements. Id.
