Dial Complete False Advertising Class Action Survives Dismissal Bid

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Plaintiffs in the long-running Dial Complete false advertising MDL scored another victory Tuesday when a New Hampshire federal judge denied The Dial Corporation’s bid to dismiss the consolidated class action lawsuit, finding the plaintiffs had sufficiently claimed that Dial’s antibacterial soap does not provide special health benefits over regular soap.

U.S. District Judge Steven J. McAuliffe said plaintiffs had alleged sufficient facts, including the existence of multiple scientific studies and a statement by the FDA, that the key ingredient in Dial Complete antibacterial soaps and body washes – triclosan — is not more effective than soap and water.

Consumers began suing The Dial Corp. in 2010 after the FDA issued a “Consumer Update” that stated the agency does not have evidence that triclosan-containing antibacterial soaps and body washes provide any extra health benefit over soap and water alone. Despite this announcement, class action lawsuit plaintiffs said Dial continued to “aggressively” market its Dial Complete soaps as being over 1,000 times more effective at killing disease-causing germs than other antibacterial soaps not containing triclosan. The company also claimed Dial Complete could decrease disease transmissions by 50% compared to washing with plain soap.

Class action lawsuits filed in nearly a dozen states were consolidated in New Hampshire in August 2011 under the MDL In Re: Dial Complete Marketing and Sales Practices Litigation.

Plaintiffs further allege that triclosan, which was originally developed as a surgical scrub for medical professionals, has been banned in other countries due to its link to cancer and is registered with the U.S. Environmental Protection Agency as a pesticide.

The consolidated Dial Complete class action lawsuit is seeking compensatory and other damages for consumers who relied on the unsubstantiated health claims in purchasing the antibacterial soap products.

The case is In re: Dial Complete Marketing and Sales Practices Litigation (MDL No. 2263), U.S. District Court for the District of New Hampshire.

UPDATE: On March 27, 2017, after years of litigation, plaintiffs have finally secured Class certification in a false advertising lawsuit over the labeling for Dial Complete soap.

UPDATE 2: On Jan. 12, 2019, the Dial Complete Foaming Liquid Hand Soap class action settlement is now open. Click here to file a claim.

UPDATE 3: On May 10, 2019, the U.S. Department of Justice said the $7.4 million Dial Complete Soap class action settlement should be rejected because of hefty attorneys’ fees and little gain for Class Members.

UPDATE 4: On May 29, 2019, the $7.4 million Dial soap settlement was granted final approval despite objections from the government.

UPDATE 5: On Sept. 27, 2019, Top Class Actions viewers started receiving checks from the Dial Complete Soap class action settlement worth as much as $8.10. Congratulations to everyone who filed a valid claim and got PAID!