Germ-X Maker Beats Hand Sanitizer False Ad Suit, For Now

Law360 (March 4, 2021, 7:16 PM EST) -- A California federal judge Wednesday tossed a proposed class action alleging Germ-X maker Vi-Jon Inc. mislabeled its hand sanitizer, finding the consumer "only pled a conjectural and hypothetical injury" but left room to amend the complaint.

Consumer Anthony Moreno filed the suit in July alleging that the front display label of each hand sanitizer bottle contains the statement "kills 99.99% of germs" when the product doesn't actually eliminate 99.99% of the organisms that cause disease.

The hand sanitizer is misbranded because it's ineffective against norovirus, polio, polyomavirus, human papillomavirus — or HPV— hepatitis A, influenza A and others, the suit alleged....

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