Flying Off The Shelves Into A Class Action Lawsuit
In these crazy times we are living where the words “social distancing”, “self-isolation” and even “lockdown” are drilled into our minds…one other word has become synonymous with this coronavirus… “hand sanitizer”.
The fact that every media outlet, every physician and medical professional, and even the Centers For Disease Control advises to wash your hands with soap and water…and yet people are buying twenty, thirty or more bottles of sanitizer at a time. Some guy bought 17,000 bottles of the stuff, that’s a little overboard don’t you think?
Fear is driving them to not only hoard the product, to overuse it and to believe that it will protect and keep them healthy. Unfortunately, using that gel-like substance won’t prevent people from getting ill or catching a virus, although it will make their hands smell a bit cleaner.
Recently a class action lawsuit has been filed against Purell stating the product makes false claims about the efficacy against killing germs and viruses. The class action lawsuit claims the product is falsely advertised as being protective against the flu, MRSA, Corona and Ebola.
The Purell false advertising class action lawsuit was filed in February 2020 and alleges that people were falsely led to believe that the product was able to fight certain diseases. The lawsuit goes on to claim that many customers were injured by the misrepresentations and had they known that the product could not fight germs as advertised they would not have purchased it.
As with any product that makes claims, those claims need to be substantiated, and claiming “kills more than 99.99% of all germs” seems to be at the forefront of this lawsuit. By claiming the product kills 99.99% percent of bacteria and viruses, people believe that’s all they need to protect themselves or even reduce the risk of catching an illness and disease. The lawsuit contends there is no evidence that Purell prevents diseases or reduces illnesses.
The lawsuit contends that in January 2020 the FDA sent a warning letter to Purell requesting they stop advertising its hand sanitizers as effective in preventing diseases, because the messaging is misleading to consumers. The US Food and Drug Administration (FDA) lists hand sanitizer as a topical antiseptic that does not have the advertised disease prevention capacities.
Our firm is not involved with this particular class action lawsuit, but we thought in these unique times it was information that needed to be shared.
If you’re not familiar with how a class action lawsuit works, let me explain…
A “class action” is a type of lawsuit where a large group of plaintiffs who have suffered the same or a similar injury, can join together to pool their resources in a single lawsuit. Class actions are particularly appropriate where an individual’s injuries are clear, but the cost to investigate and prove fault on the part of the defendant is greater than the dollar value of the damage suffered by one plaintiff.
Our firm, led by David Holub, has coordinated several class actions and other complex cases in which clients have sought recovery for injury, loss of property, loss of insurance, and property damage.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.
To speak to our friendly attorneys, to share your story and to see if your claim has merit, call (219)736-9700 today.
*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.