Hand Sanitizer Lawsuits
With all the recent news and shoppers being unable to find stores with hand sanitizer in stock, you may find these new lawsuits very interesting. There have been new class action lawsuits filed in Federal Court against Germ-X and Purell for misleading consumers to believe that hand sanitizer can prevent coronavirus by making false claims and misrepresentations.
The Plaintiffs in the Germ-X suit claim that they were deceived by Germ-X marketing that the products can reduce the chance of infection from the flu and other viruses – including Coronavirus.
The plaintiffs in one of the Purell suits claim that they falsely advertised the products as being protective against diseases such as the flu, MRSA and Ebola.
The suits against the companies cite a recent warning from the FDA to Purell as a basis for some of their claims. The FDA has issued a warning to GoJo, makers of Purell, (which is “nearly identical” to Germ-X according to the Germ-X lawsuit) against making the types of claims the lawsuit is alleging the companies have made. From the FDA statement:
“These statements, made in the context of the Frequently Asked Questions section, clearly indicate your suggestion that PURELL® Healthcare Advanced Hand Sanitizers are intended for reducing or preventing disease from the Ebola virus, norovirus, and influenza. As such, the statements are evidence of your products’ intended uses. However, FDA is currently not aware of any adequate and well-controlled studies demonstrating that killing or decreasing the number of bacteria or viruses on the skin by a certain magnitude produces a corresponding clinical reduction in infection or disease caused by such bacteria or virus.”
Who is Affected?
The Germ-X lawsuit is seeking to represent California residents who purchased Germ-X within the last four years. The Purell lawsuits are seeking to represent those in the US who have purchased Purell.
Here’s a link to the full Germ-X Class Action Complaint: David, et al. v. Vi-Jon Inc. d/b/a Germ-X, Case No. 3:20-cv-99999, in the U.S. District Court for the Southern District of California.
Here’s the link for the Complaint Against Gojo Industries (Makers of Purell): Magdiela Gonzalez, individually and on behalf of all others similarly situated, Plaintiff,
– against Gojo Industries, Inc., (Defendant)