Purell makers face class-action lawsuit for 'misleading' its customers

"These claims lack a scientific basis, rendering the affirmative misrepresentations misleading," the lawsuit read.

By ZACHARY KEYSER
A bottle of Purell hand sanitizer sits next to campaign canvass packets at a field office for Democratic 2020 U.S. presidential candidate and U.S. Senator Elizabeth Warren (D-MA) in Graniteville, South Carolina, U.S., February 28, 2020 (photo credit: REUTERS)
A bottle of Purell hand sanitizer sits next to campaign canvass packets at a field office for Democratic 2020 U.S. presidential candidate and U.S. Senator Elizabeth Warren (D-MA) in Graniteville, South Carolina, U.S., February 28, 2020
(photo credit: REUTERS)
GOJO, the makers of Purell hand sanitizers, are currently facing multiple class-action lawsuits charging the manufacturer with presenting "misleading claims" to the public regarding their product's efficacy, in that it kills “99.99% of illness-causing germs" when used appropriately.
The most recent suit, filed in the Northern District of Ohio on March 13, represents four individuals located in four different states - Michigan, Massachusetts, Oregon and California - and is seeking damages for every consumer who has ever bought Purell and “relied upon the product’s packaging and marketing materials” to make an inference about their purchase.
The court documents state that by adducing statistics on their hand sanitizers' product labels, GOJO is presenting figures that seem to "have reliable scientific basis" when there is “no sound scientific evidence to support the statistics or other claims.” One of the claims noted in the lawsuit, asserts that "one squirt of Purell Advanced Hand Sanitizer equals two squirts of other national brands, providing 2X the sanitizing strength" - and the claims are still present across Purell product labels, marketing campaigns and websites today.
"These claims lack a scientific basis, rendering the affirmative misrepresentations misleading," the lawsuit read.
GOJO president and CEO Carey Jaros said that the accusations are "without merit" and he fully stands behind the Purell products.
An unrelated class-action lawsuit was filed in February, within the same district court by different plaintiffs, where they claim that GOJO "has broken the public's trust" by making these claims without the proper evidence.
Both suits follow concerns that the company is profiteering over hand sanitizer shortages following the worldwide coronavirus (SAR-CoV-2) outbreak, and the surrounding fears that accompanied its introduction.
In January, the FDA sent a letter of warning to GOJO regarding their Purell hand sanitizer products. The FDA stated in the letter that "as currently formulated and labeled," Purell is an unapproved new drug in violation of "section 505(a) of the Federal Food, Drug and Cosmetic Act."
The FDA gave multiple examples of GOJO presenting unsubstantiated claims on their products websites and social media accounts, claims that would require FDA tests and approval before being introduced into commerce. At the moment, Purell is classified as an over-the-counter drug.
"These statements, 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," the letter stated. "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.
"Furthermore, we are not aware of evidence demonstrating that the PURELL® Healthcare Advanced Hand Sanitizer products as formulated and labeled are generally recognized by qualified experts as safe and effective for use under the conditions suggested, recommended, or prescribed in their labeling," the FDA concluded.