FireClean LLC has recently filed a lawsuit against Andrew Tuohy and Everett Baker, asserting defamation and Virginia Business Conspiracy Act claims against these defendants, who with the specific purpose of harming FireClean, initiated a protracted and intentional smear campaign against the company.
FIREClean’s patent application was publicly accessible online two years before Tuohy wrote about FIREClean®. The patent application, on the very first page, describes a product that is composed of at least three substances, which may be plant or vegetable-based oils, and which make up between 25 and 100 percent of the formulation. Tuohy never undertook to test this statement. He chose a test that would give him the result he wanted so that he could publish sensational headlines. An infrared spectroscopy analysis was not sufficient to distinguish FIREClean® from Crisco vegetable or canola oil, and Tuohy knew this. Moreover, even after publishing his articles, Tuohy was alerted to this fact by other readers of his blog, and he never undertook to correct his analysis or conclusions.
When Tuohy told us that he intended to publish his first article- the night before he published it- and told us what his conclusions would be, we asked him for a chance to read it first, so we could provide a proper response. He refused. In his blog post he stated, “That is not how this blog works.”
Clearly, Tuohy wanted to turn a blind eye to anything that might tamper down his eye-grabbing headlines. He wanted readership, not the truth.
Some recent public social media comments have compared our suit against Tuohy to a David-versus-Goliath First Amendment case. It is anything but that. In fact, Tuohy has as many aircraft registered in his name as FireClean has employees (two). FireClean is a small business that has been subject to an unprovoked and unfair attack.
FIREClean® is not Crisco Vegetable nor Canola oil – nor otherwise common vegetable oil. FIREClean® is a proprietary, high-efficiency formulation that yielded unprecedented results in Tuohy’s own live-fire use. Tuohy’s separate statements that are the subject of our lawsuit were false, continuous, persistent, and maliciously made. FireClean has no choice but self defense. Anyone who thinks the company is wrong for doing so has clearly never had their livelihood attacked by someone engaged in a protracted smear campaign.
The Citizens of the United States of America certainly enjoy the freedom of speech provided in the First Amendment. But just as it is illegal to run into a crowded theater and yell “fire” when there is no fire, there are limits on—and repercussions to—speech that is intentionally or negligently false, that causes harm to another. These are the rights that we seek to vindicate.
We encourage you to read the suit in its entirety here:
cleanergun.com/blogs/news/114615300-fireclean-llc-v-tuohy-baker-us-district-court-eastern-district-of-virginia
