Target Seeks to Dismiss Hand Sanitizer Effectiveness Class Action Lawsuit

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Target Sanitizer Effectiveness Action Lawsuit Overview: 

• Who: Mike Ross filed a class action lawsuit against Target Corporation. 
• Why: The plaintiff alleges Target falsely advertises that its Up&Up brand hand sanitizer kills 99.99 percent of germs.
• Where: The class action lawsuit was filed in Illinois federal court. 

Target filed a motion to dismiss the plaintiff’s complaint in a class action lawsuit alleging the company falsely advertises that its Up&Up brand hand sanitizer kills 99.99 percent of germs despite being incapable of killing many prevalent germs – including some of the most harmful ones. 

Target argues “this is a product defect case dressed up as a consumer class action.”

“Any reasonable consumer knows that the purpose of hand sanitizer is to kill germs on your hands. A reasonable consumer also knows that hand sanitizer is not intended to kill ‘all germs’ wherever those germs may be found and that using hand sanitizer is not a substitute for washing your hands with soap and water,” the motion states. 

Plaintiff Mike Ross’ allegations stem from his purchase of hand sanitizer from Target more than once between Nov. 2020 and Jan. 2021 due to the labeling on the bottle that says the product kills 99.99 percent of germs.

“Plaintiff believed that the precision of this claim meant it was supported by scientifically valid studies, when this was not true,” the claim states, adding Ross thought the labeling claim included germs of material significance, such as norovirus, and that the labeling gave him the understanding that the hand sanitizer was more effective than soap and water in killing germs.

However, Target’s motion to dismiss says Ross does not allege that the product failed to serve its purpose as hand sanitizer and that he never says that he expected the germs listed in his complaint to be on his hands or that he expected the product to kill those germs. Additionally, he does not claim that he ever opened or used the product. 

“Plaintiff does not challenge the truth that the product does, in fact, kill 99.99% of ‘many common harmful germs & bacteria in as little as 15 seconds,’ and that the product is effective at sanitizing consumers’ hands. Plaintiff’s claims therefore rest only on his unreasonable reading of half of the label, divorced from his own experience with the product or the alleged experiences of any other ‘reasonable consumer,’” the motion states.

Class Action Claims Target Hand Sanitizer Does Not Kill 99.99% of Germs as It Claims

The class action states that no scientific study indicates any alcohol-based hand sanitizer kills 99.99 percent of germs, and instead that studies show alcohol-based hand sanitizers are incapable of killing many types of germs, including the most harmful and prevalent germs.

“For instance, the product is unable to kill non-enveloped viruses, like norovirus. Norovirus is the virus which causes more than 58 percent of foodborne illnesses in this country,” the class action lawsuit says.

“The product is not able to kill other germs of significance, such as protozoan cysts, bacterial spores, parasites like Giardia and Clostridium difficile, which causes diarrhea.”

The claim adds that over the past decade, it has been shown that many bacteria, such as enterococcus faecium, are becoming alcohol-resistant, which makes the front label statements further misleading.

Although there is fine print on the back of the bottle that says “in miniscule font beneath the Drug Facts, ‘Effective at eliminating 99.99% of many common harmful germs and bacteria in as little as 15 seconds,’ the disclaimer is insufficient to overcome misleading front label claims,” the class action lawsuit claims.

However, Target’s motion to dismiss states, “the organisms the plaintiff identifies in the complaint either do not occur on human hands or are not common.”

Ross wants to represent anyone who bought the product in Illinois. He is suing for breach of warranty, negligent misrepresentation, fraud, unjust enrichment, and breach of state business laws. He seeks certification of the Class, injunctive relief, damages, interest, legal fees and jury trial.

Target is facing a separate class action lawsuit for allegedly selling Apple iTunes gift cards that have been tampered. More than a dozen consumers filed the nationwide class action, saying that the retailer knowingly sells Apple iTunes gift cards that can be used by scammers to access money customers put on the cards.

Did you buy Up&Up brand hand sanitizer under the impression it would kill most common germs? Let us know in the comments section!

Ross is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Target Sanitizer Effectiveness Class Action Lawsuit is Ross, et al. v. Target Corporation, Case No. 1:21-cv-03028, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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