Christina Spicer  |  February 11, 2020

Category: Consumer News

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Germ-X hand sanitizerA California woman says that she and other consumers were misled about the effectiveness of an alcohol-based hand sanitizer in a recently lodged Germ-X class action lawsuit.

Lead plaintiff Gail Sibley says the maker of Germ-X, Vi-Jon Inc., duped consumers into thinking that the product would fight the flu virus.

However, there are allegedly no clinical studies that show alcohol-based hand sanitizers reduce instances of the flu.

Sibley says she bought the products because she was under the impression it would reduce her chances of contracting viruses, including the flu.

She claims to have bought Germ-X at least six times at major retailers, like CVS and Target. Sibley says that, had she known that there was little evidence that the product prevents the spread of infection, she would not have purchased or paid so much for it.

The “flu” refers to the influenza virus. It is a respiratory infection that affects millions each year. While symptoms can be relatively mild, it poses a serious threat to older adults, pregnant women, children under five, and those with health conditions, including asthma and diabetes. The Centers of Disease Control and Prevention (CDC) estimates that more than 200,000 people are hospitalized with the virus and 12,000 people die from the flu and its complications each year.

The flu vaccine is an easy and inexpensive way to avoid the condition, says the CDC, along with frequent hand washing. However, many consumers may end up habitually using hand sanitizer in an attempt to stay free of the virus.

According to the Germ-X class action lawsuit, the reach of the product is ubiquitous, from airports to schools, to homes.

Allegedly, Germ-X advertising online and on social media is rife with statements implying that the product prevents the spread of the flu.

“Indeed, the flu, consumer’s fear of the flu, and their reliance on Defendant’s misrepresentations about Germ-X’s ability to keep them safe from the flu, is a large part of Defendant’s success,” states the Germ-X class action.

Vi-Jon Inc. may have been using fear of the flu to boost sales, according to the Germ-X class action lawsuit. The complaint notes that, according to news reports and a business journal, the company experienced a boost in sales concurrent with H1N1 concerns and a flu vaccine shortage.

Further, the U.S. Food and Drug Administration recently sent a warning letter to the makers of Purell, noting that there is little to no reliable evidence that the alcohol based sanitizer can prevent the spread of the flu virus. Germ-X, points out the plaintiff, uses the same active ingredient, ethyl alcohol.

“Purell and Germ-X are both hand sanitizers using the same active ingredient, ethyl alcohol. In fact, Germ-X has the same or lower percentage of ethyl alcohol. Accordingly, the FDA’s statement and concern about a lack of clinical evidence is equally applicable to Defendant’s product, Germ-X,” alleges the class action lawsuit.

In fact, a similar class action lawsuit was filed against the makers of Purell, alleging that the manufacturer made similar deceptive claims about the flu and Ebola viruses.

The Germ-X class action lawsuit seeks to represent consumers in multiple states who purchased Germ-X products, along with a California subclass.

The plaintiff alleges that the makers of Germ-X violated consumer protection laws in these states by its deceptive advertising of the product.

Have you purchased Germ-X or another hand sanitizer? Did you think the product would reduce your chance of getting the flu? Tell us about it in the comments below.

The plaintiff is represented by Tammy Gruder Hussin of Hussin Law Firm, Daniel R. Johnson of Waskowski Johnson Yohalem LLP, and Gary M. Klinger of Kozonis & Klinger.

The Germ-X Hand Sanitizer Class Action Lawsuit is Sibley v. Vi-Jon Inc., et al., Case No. 3:20-cv-00951-JCS, in the U.S. District Court for the Northern District of California.

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