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Plaintiffs are calling out the makers of a UV sanitizer light in a class action lawsuit, claiming the product doesn’t work and is unsafe to use.
The complaint centers on a handheld wand equipped with an ultraviolet lamp that claims it kills nearly all of the disease-causing pathogens its light touches.
Plaintiff Sheryl Garbus says the company, UV Sanitizer USA, lies to consumers with these promises and says the Portable UV Light Sanitizing Wand will not kill 99% of viruses and bacteria by simply waving it over a surface.
“Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the Product does not eliminate any harmful bacteria and viruses, nor does it kill 99.99% of viruses, bacteria, germs and molds,” Garbus said in the complaint.
Instead, according to filing, UV Sanitizer USA is using the coronavirus outbreak and the resulting boom in disinfectant products as a way to make more sales.
UV sanitizer lights and the market for such equipment was valued at $2.3 billion last year and is expected to grow at an annual rate of 20%, Garbus said.
“Companies such as Defendant have capitalized on consumers’ desires for products that kill viruses, bacteria, and germs,” she said in the class action lawsuit.
Garbus says she relied on the UV sanitizer light’s advertising and paid a premium for the product because of it, especially during the coronavirus outbreak.
Garbus cites experts who caution against relying solely on a UV sanitizer light, referring specifically to Food and Drug Administration (FDA) guidance on the cleaning method and its limitations.
The class action lawsuit points out findings upheld by the FDA showing these UV sanitizers use a type of ultraviolet radiation that can only kill viruses directly exposed to the light.
Particles of dust, soil or any other contaminant can shield these viruses and keep them from being rendered inactive, according to the FDA.
New York University Langone Medical Center’s Dr. Phillip Tierno further these limitations.
The ultraviolet light “penetrates superficially, and the light can’t get into nooks and crannies,” he told NBC News. “That includes things like buttons or phone cases, which are lined with crevices. If a germ is encased within a food particle, for example, the UV light won’t be able to get at it.”
The FDA also says UV sanitizer lights are meant to be used in tandem with manual cleaning and advises regular cleanings with soap and water, according to the class action lawsuit.
Garbus argues UV Sanitizer USA contradicts this guidance by promoting their UV sanitizer light will “save cleaning wipes and disinfecting chemicals.”
Not only does this UV sanitizer light not work, it also presents a health hazard, according to Garbus.
UV-C light is a part of the ultraviolet electromagnetic spectrum with the highest amount of energy. In the lawsuit, Garbus points to studies showing UV sanitizer lights using this type of light can cause skin cancer and cataracts.
The FDA further warns on its website that direct exposure to ultraviolet radiation can cause burns and painful eye injury. Some lamps can generate ozone, irritating the airway. The UV sanitizer light can degrade certain plastics. Certain lamps contain mercury, which is toxic in small amounts.
The complaint further details a report published this year from experts at the Underwriters Laboratory, a global certification company. Analysis showed UV sanitizer lights didn’t protect consumers from the radiation properly.
Two other groups also made official statements regarding the safety of the UV sanitizer light.
Both the National Electrical Manufacturers Association and American Lighting Association said it wasn’t “sensible” to rely on consumers alone to keep themselves from UV light injuries.
Formally, Garbus is accusing UV Sanitizer USA of violating New York General Business Law and the Magnuson-Moss Warranty Act. He also accuses the company of unjust enrichment and negligence and is seeking monetary damages.
Have you purchased a UV sanitizer light thinking it could help protect you from coronavirus? Let us know in the comments below.
Counsel representing the plaintiffs in the UV sanitizer class action lawsuit are Jason P. Sultzer, Joseph Lipari and Jeremy Francis of The Sultzer Law Group P.C.; and Michael R. Reese of Reese LLP.
The UV Sanitizer Light Class Action Lawsuit is Garbus, et. al v. UV Sanitizer USA LLC, Case No. 2:20-cv-05358, in the United States District Court for the Eastern District of New York.
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289 thoughts onUV Sanitizer Light Claims Challenged In Class Action Lawsuit
I also bought one thinking it would keep me safe from germs. It is disgusting a company preys on people this way. I would like to join in the suit. I was going to rake mine to Church to help clean. If I would of how many kids would of gotten sick? At least I got mine on sale so I am not out full price. I almost bought more but resulted the urge
I got one I want to be part of the suit
In lieu of the pandemic I bought 10 of these because I thought they would disinfect electronics (and other items that shouldn’t have contact with liquids), and would do so safely. Apparently I was misled; should a suit result from this, I would like to be added.
UV gave my father skin cancer and my grandmother cataracts. How do I sue a spectrum of light?
I bought 1000 of these cancerous cataract wands….I want free money now!