CleanWell Maker Wants Germ Killing Ad Action Wiped Out
By Beth Winegarner (March 22, 2013, 7:54 PM EDT) -- The maker of CleanWell hand sanitizer urged a California federal judge Friday to toss a putative class action saying the product label's germ killing boasts are false advertising under California law, arguing that the state law claims are preempted by the federal Food Drug & Cosmetics Act.
Won Kyung Hwang's suit accuses CleanWell maker Ohso Clean Inc. of false and misleading advertising because its hand sanitizer labels say the products kill 99.9 percent of germs, including MRSA, salmonella, staph and E. coli, but aren't that effective. Such false claims are barred under several California laws, the complaint says.
But Hwang's claims...
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