Clorox Splash-Less Bleach Doesn’t Disinfect, Class Action Says

UPDATE:

• This case was voluntarily dismissed Feb. 25, 2021.

A Florida woman has filed a class action lawsuit against the Clorox Company, claiming Clorox Splash-Less Bleach is not suitable for disinfecting.

Plaintiff Shana Gudgel says she purchased Clorox Splash-Less Bleach shortly after the World Health Organization’s declaration March 11, 2020, that COVID-19 was a pandemic.

However, Gudgel says, she only learned after making the purchase that the Clorox bleach product was unsuitable for disinfecting purposes.

“When The Clorox Company first began selling its splashless bleach product without adequately disclosing that it wasn’t suitable for sanitizing or disinfecting it was deceptive advertising, but in the midst of today’s pandemic it is a more serious matter,” the Clorox bleach class action lawsuit says.

Gudgel’s complaint claims Clorox has a reputation with consumers for being a “go-to” sanitizing and disinfecting product that has been used in hospitals, nursing homes, restaurants, schools and other facilities. 

During the COVID-19 pandemic, Clorox bleach’s disinfecting uses have become even more widespread, the class action lawsuit claims.

The complaint cites the example of Apple’s recent change to its device-cleaning protocol, which says Clorox wipes can be used to disinfect an iPhone.

In a recent Harris Poll Essential 100 poll, Harris surveyed more than 2,000 Americans as part of an assessment of businesses’ response to the pandemic and found respondents view Clorox as one of the country’s most essential companies.

The coronavirus’ primary mode of transmission is between people in close contact, most often via droplets produced when a person coughs, sneezes or talks, the complaint says. The droplets typically fall to the ground or onto surfaces.

Research conducted as of June has shown people may become infected after touching a contaminated surface, then touching their face, the complaint says, which means sanitizing and disinfecting are important to slow the virus’ spread.

The U.S. Centers for Disease Control and Prevention (CDC) recommends that if a confirmed or suspected COVID-19 infection occurs, all areas such as bathrooms, common areas and shared electronic devices be disinfected, which can be done in several ways, the complaint says.

And while Clorox bleach is one of the most-used disinfectants in the U.S., the class action lawsuit states, there is a “critical” difference between the company’s regular formula and Clorox Splash-Less Bleach.

According to the class action lawsuit, Clorox associate director of brand engagement Rita Gorenberg told the Journal Inquirer the Clorox Splash-Less Bleach is formulated to have a higher viscosity “in direct response to consumer comments about bleach splashing when poured into washing machine dispensers.” 

In adding the ingredients needed to increase the viscosity, Clorox altered the bleach’s concentration of sodium hypochlorite to a variable 1% to 5%, “which is not strong enough to sanitize and disinfect,” the complaint says. Regular Clorox bleach’s sodium hypochlorite concentration is between 5% and 6.5%.

The Clorox class action lawsuit says sodium hypochlorite is the active ingredient used for disinfecting, but is only capable of doing so in concentrations above 5%.

Gudgel’s complaint claims there has been growing confusion between the two products during the pandemic.

Consumers have allegedly taken issue with the Clorox Splash-Less Bleach formula’s slogan: “It’s the same Clorox product you love, now with more power per drop” and “10x Deep Cleaning Benefits,” the class action lawsuit says.

“Clorox’s choice to include the exact amount of the sodium hypochlorite on the regular product but exclude the percentage from the splashless variety is also a major cause for concern.”

Gudgel says the product “did not have the characteristics, benefits, or quantities as consumers were led to believe,” and had they known it was not suitable for disinfecting purposes, she and the Class Members would not have purchased it.

The Clorox class action lawsuit says the Clorox Company is in violation of the California Consumers Legal Remedies Act, the California False Advertising Law and the California Unfair Competition Law, and accuses it of negligent misrepresentation and unjust enrichment.

The plaintiff demands a jury trial and seeks compensatory damages in an amount to be determined at trial; an injunction requiring the Clorox Company to stop its alleged deceptive practices; a declaration that the Clorox Company has committed the alleged violations; punitive damages; pre- and post-judgment interest; costs and expenses; attorneys’ fees; and any other relief the Court deems appropriate.

Have you bought Clorox Splash-Less Bleach believing it was suitable for disinfecting during the COVID-19 pandemic? Tell us about your experience in the comments.

The plaintiff is 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 Company, et al., Case No. 3:20-cv-05712, in the U.S. District Court for the Northern District of California.

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