At least two hand-sanitizing product brands were sued this week under separate class action lawsuits, alleging that their advertising misleads consumers to believe their product can prevent COVID-19 infection.
In their complaint, plaintiffs Geraldine David, Susan Lara and Theresa Haas accuse the Germ-X sanitizer brand of engaging in deceptive advertising and business practices, which allegedly allow the defendant to increase sales and capture market share from competitors.
“Defendant misleads consumers into believing its products can prevent disease or infection from pathogens such as Coronavirus and flu along with other claims that go beyond the general intended use of a topical alcohol-based hand sanitizer,” wrote the plaintiff’s attorney Abbas Kazerounian who filed the action in the Southern District of California on March 5.
Some two weeks later in the Central District of California, Mardig Taslakian filed a class action lawsuit against Target for advertising, marketing and selling its hand sanitizer brand as capable of killing 99.99% of germs when there are no studies that prove the representation, according to the complaint.
“By making this representation and by comparing its less expensive in-house private label product to the nationally known brand Purell’s more expensive hand sanitizer, Defendant misleads consumers into believing its Hand Sanitizer is as effective as Purell’s and can therefore prevent disease or infection from, for example, Coronavirus and flu, along with other claims that go beyond the general intended use of a topical alcohol-based hand sanitizer,” wrote Taslakian’s attorney Raffi Kassabian.
Dr. Sara Hogan, a health sciences clinical instructor at the David Geffen School of Medicine and a dermatologist at UCLA Medical Center in Santa Monica told the Southern California Record that the effectiveness of hand sanitizer depends on its alcohol content.
“At least 60 percent is recommended by the World Health Organization and the Centers for Disease Control and Prevention but 70 percent or greater of alcohol is ideal,” Dr. Hogan said in an interview. “Isopropyl alcohol, ethyl alcohol, or a combination of both is used. Hand sanitizers with too much of a moisturizing base, as can be seen with homemade preparations, may not be as effective.”
Both of the attorneys representing the proposed classes employ a Jan.17, 2020 warning letter in which the U.S. Food and Drug Administration condemned the Purell sanitizing brand for misrepresenting the product as intended for reducing or preventing the flu and other viruses, according to a press release.
“Germ-X and Purell both rely on ethyl alcohol as the active ingredient in their hand-sanitizing products,” wrote Attorney Kazerounian in his client’s opening brief. “Purell contains 70% ethyl alcohol, while Germ-X advertises that it contains 62%. Therefore, the FDA’s Warning Letter, condemning Purell’s misrepresentations that its hand sanitizer is intended for reducing or preventing the flu and other viruses, applies equally to Germ-X.”
For prevention, Dr. Hogan said it's preferable to wash hands with soap and water.
"Handwashing is superior to hand sanitizer when it comes to prevention of COVID 19," she said. "This is why hand sanitizer should be used only when soap and water are not readily available. The physical motion of rubbing hands together displaces dirt and microbes. Soap emulsifies debris and dissolves the lipid membrane of COVID 19. Running water removes the debris and viral particles."