SafeHands Alcohol-Free Hand Sanitizer Can’t Kill 99.9% of Germs, REI Class Action Says

A recent REI class action lawsuit argues that SafeHands Alcohol-Free Hand Sanitizer cannot kill 99.99% of all germs, as advertised.

Plaintiff Steven Merola says he purchased the SafeHands hand sanitizer in July from the REI website. According to the customer, the website touted the SafeHands Alcohol-Free Hand Sanitizer as a “proven alternative to alcohol sanitizers,” equipped with benzalkonium chloride capable of “kill[ing] 99.99% of common germs and bacteria, while also protecting against viruses and fungi.” However, the plaintiff claims these representations were false.

“Despite product label and additional representations on the REI website […] concerning the killing of 99.99% of germs and protecting against viruses, there are no reliable studies that support the representations, nor is the product a ‘proven’ alternative to alcohol-based hand sanitizers,” the SafeHands Alcohol-Free Hand Sanitizer class action lawsuit contends.

Merola notes that the FDA has repeatedly recognized that alcohol-based hand sanitizers are more effective than other products due to their ability to reduce bacteria and germs on the skin. In contrast, non-alcohol hand sanitizers – including benzalkonium chloride products such as SafeHands Alcohol-Free Hand Sanitizer – have reportedly been described by the FDA as less reliable against certain bacteria and viruses.

According to the SafeHands Alcohol-Free Hand Sanitizer class action lawsuit, the product labeling intentionally contradicts these scientific findings. Instead of killing 99.99% of germs, Merola argues that the product “does not kill and/or protect against a variety of germs and/or bacteria including certain germs/bacteria that cause a variety of diseases […] including certain strains of influenza, the common cold, norovirus, and SARS CoV-2, the illness causing COVID-19.”

Merola accuses REI of taking advantage of reasonable customers with their misleading marketing. Allegedly, the typical customer would not be aware that the alcohol-free hand sanitizer is unable to protect against notable diseases. As a result, customers are allegedly forced to rely on REI’s representations when purchasing SafeHands Alcohol-Free Hand Sanitizer. REI’s misrepresentations are particularly harmful in the midst of the global coronavirus pandemic, Merola states.

“Each representation gives defendants a competitive edge over many competing products including, by example, competitive products that expressly state that the product is effective in (a) ‘decreasing’ opposed to killing bacteria or germs on the skin; and/or (b) merely limiting the efficacy of the product to explicitly stated and specified germs and/or bacteria,” the SafeHands Alcohol-Free Hand Sanitizer class action lawsuit argues.

If Merola and other customers had been aware of the truth behind the SafeHands Alcohol-Free Hand Sanitizer, they allegedly would not have purchased the products or would have paid significantly less for them. As a result, Merola argues that he and other customers were misled, deceived, and financially injured by REI’s practices.

Merola seeks to represent a Class of consumers who purchased SafeHands Alcohol-Free Hand Sanitizer since Aug. 8, 2017 along with a subclass of the same consumers from Massachusetts. On behalf of himself and this proposed Class, Merola seeks restitution, disgorgement, actual damages, statutory damages, interest, equitable relief, court costs, and attorneys’ fees.

During the pandemic, many consumers have done their best to add the use of hand sanitizer to their hand hygiene routine at the behest of health authorities such as the Food and Drug Administration and the World Health Organization. However, consumers like Merola have reportedly found themselves at a loss for both supply and quality when looking for hand sanitizer products.

In June, the FDA released a warning that some hand sanitizer products were contaminated with methanol. Unlike ethanol – the alcohol commonly found in hand sanitizer and able to kill germs – methanol is toxic and can cause toxicity or even death.

Although a small number of products were initially warned about, the FDA later expanded their recall warning to include over 75 brands.

Even if customers can get their hands on hand sanitizer products without methanol, class action lawsuits have challenged marketing claims behind popular brands such as Purell, Germ-X, and store-branded products from Target. More recently, the manufacturer of several store-branded hand sanitizers was hit with class action claims resembling those filed against REI’s SafeHands Alcohol-Free Hand Sanitizer.

For more information about hand sanitizer issues and other legal concerns related to the coronavirus pandemic, check out Top Class Actions’ comprehensive COVID-19 guide.

Have you purchased SafeHands Alcohol-Free Hand Sanitizer? Are you worried the products were marketed with false advertising? Share your thoughts in the comment section below.

Merola and the proposed Class are represented by Edward L. Manchur of Manchur Law.

The SafeHands Alcohol-Free Hand Sanitizer Class Action Lawsuit is Steven Merola v. Recreational Equipment Inc., et al., Case No. 1:20-cv-11504-WGY, in the U.S. District Court for the District of Massachusetts.

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