Brian White  |  January 25, 2021

Category: Cleaning Products

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Clorox products on shelves

A federal judge has dismissed a class action lawsuit claiming Clorox Splash-Less Bleach was falsely marketed as being an effective COVID-19 disinfectant.

Florida resident Shana Gudgel filed a class action lawsuit against the makers of Clorox Splash-Less Liquid Bleach in August, alleging the company misled customers into believing the product could safely neutralize coronavirus.   

“The court finds no basis for plaintiff’s argument that there were any misrepresentations” about the bleach product, California District Judge Phyllis Hamilton said in her motion to dismiss. 

Clorox Splash-Less bleach contains less sodium hypochlorite, bleach’s active ingredient, than the 5 percent needed to be effective but is advertised as having the same benefits of regular bleach, Gudgel said in the initial complaint.

Gudgel further pointed to the marketing language printed and used to advertise the Clorox Splash-Less Bleach. She said she was misled to believe the bleach could disinfect from coronavirus because “10X Deep Cleaning” was printed on the bottle. She also noted the specific percentage of sodium hypochlorite was never printed on the labeling. 

Judge Hamilton disagreed, saying she found “no support for the argument that the challenged statements, even when viewed in their totality, would lead a reasonable consumer to believe that the product had sanitizing and disinfecting capabilities.”

She also said the brand name “Clorox” does not automatically imply the product disinfects. 

The 10-page order to dismiss largely explains these tests and the legal requirements to pass them, and says the class action lawsuit fails to show “actual misrepresentation or deception.”

“The product’s back label specifically states: ‘Not for sanitization or disinfection,’” Judge Hamilton wrote. 

Judge Hamilton further said in her order the claims in Gudgel’s class action lawsuit have no standing under these tests and refuted each of the complaint’s claims under various case law, essentially saying reasonable customers would not have been misled.

The order to dismiss grants Gudgel the opportunity to amend the class action lawsuit within 21 days. Judge Hamilton referred the complaint’s claim the Clorox Splash-Less Bleach was being advertised as “the same Clorox product you love, now with more power per drop.” 

Judge Hamilton said Gudgel must identify the source of that phrase, “if plaintiff intends to proceed with that allegation, and must also allege whether plaintiff saw or read that phrase and relied upon it.”

Top Class Actions is tracking litigation related to the COVID-19 outbreak. Check our guide for the latest developments on COVID-19-related class action lawsuits you could be eligible to take part in. 

Have you bought Clorox Splash-less Bleach thinking it could safely eliminate viruses such as coronavirus? Let us know why or why not in the comments below. 

The plaintiffs are represented by Daniel Levinson and Justin Stockton of Levinson Stockton LLP; William Wright of the Wright Law Office LLP; and Daniel Faherty of Telfer, Faherty, & Anderson PL.

The Clorox Splash-Less Bleach Class Action Lawsuit is Shana Gudgel, et al. v. The Clorox Co., et al., Case No. 3:20-cv-05712, in the U.S. District Court for the Northern District of California.

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49 thoughts onClorox Splash-Less Bleach COVID-19 Class Action Lawsuit Dropped

  1. VANESSA BENNETT says:

    Add me please

  2. Marci Young says:

    Add me please

  3. David Garcia says:

    I’ve used it for years

    1. Scott Lian says:

      I was exposed to daily for 14 years. I worked in a medical clinic that used oxycide.

  4. Cedric Nash says:

    Add me please

  5. Leanna L Graf says:

    Please add me

  6. Olivia Heath says:

    Add me

  7. ANGELA KUBACH says:

    please add me

  8. MELISSA STILES says:

    Add me

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