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A new class action lawsuit accuses Vi-Jon Inc. of advertising that its hand sanitizer products can kill 99.99% of germs when they cannot.
In his complaint, plaintiff Matthew Macormic says Vi-Jon, which manufactures hand sanitizer that is sold under multiple brand names, falsely advertises that the products “kill germs.” But in reality, the hand sanitizer does not “kill” 99.99% of germs, or disease-causing organisms.
According to the class action lawsuit, the hand sanitizers are “substantially ineffective against certain microbes,” including viruses, protozoa and bacterial spores.
Because these microbes, or “germs,” account for more than 0.01% of germs, the representation that the hand sanitizer kills 99.99% of them is false and misleading, the class action lawsuit says.
For example, Vi-Jon’s hand sanitizer products are “generally ineffective” against norovirus, which the Centers for Disease Control and Prevention says accounts for about 50% of all food-related illness outbreaks in the U.S., according to Macormic’s class action lawsuit.
“Norovirus alone renders the Representation that the Products kill 99.99% of germs false and misleading,” the class action lawsuit says. “Yet, it is not the only microbe for which the Products are ineffective.”
Vi-Jon manufactures several hand sanitizer products that are sold under various brand names, including under Walmart’s equate brand.
Macormic says he purchased four travel-size bottles of equate hand sanitizer from a Missouri Walmart on May 27, basing his purchase decision at least in part on the package’s representation that the product kills 99.99% of germs.
The plaintiff says Vi-Jon should have known reasonable consumers would take this representation into account when choosing a hand sanitizer, and therefore the company’s claim is false and misleading.
Macormic adds that Vi-Jon “concealed or omitted material facts” about the hand sanitizer, including the information that it does not kill 99.99% of germs and are not “legally saleable.”
He says he would not have purchased the equate hand sanitizer or would have purchased it on different terms had he known the truth.
According to Macormic’s class action lawsuit, Vi-Jon benefited from its false claims because consumers purchased the product, thereby generating sales revenue for the company.
“Equity cannot in good conscience permit Defendant to be economically enriched for such actions at the expense of Plaintiff and members of the Class, and therefore restitution and/or disgorgement of such economic enrichment is required,” the complaint says.
This is not the first class action lawsuit to be filed against Vi-Jon concerning the alleged misrepresentations regarding the company’s hand sanitizers.
In July, plaintiff Anthony Moreno filed a similar class action lawsuit, saying he relied on the labels’ representation that the products would kill 99.99% of germs on hands.
Macormic alleges Vi-Jon is in violation of Missouri’s Merchandising Practices Act through its misrepresentations and false statements, unfair practice and concealment or omission of any material fact. He also alleges breaches of express and implied warranty, as well unjust enrichment.
The plaintiff seeks an order declaring Vi-Jon’s conduct to be in violation of the law, as well as an award of compensatory and monetary damages, restitution or disgorgement, attorneys’ fees and costs; punitive damages; pre- and post-judgment interest; and any other relief the Court deems just.
He also demands a jury trial.
Have you purchased Vi-Jon hand sanitizer products believing they could kill most germs? Let us know in the comments.
The plaintiff is represented by David L. Steelman and Stephen F. Gaunt of Steelman and Gaunt.
The Vi-Jon Hand Sanitizer Class Action Lawsuit is Matthew Macormic, et al. v. Vi-Jon Inc., Case No. 4:20-cv-01267-HEA, in the U.S. District Court for the Eastern District of Missouri.
Read About More Class Action Lawsuits & Class Action Settlements:
SafeHands Alcohol-Free Hand Sanitizer Can’t Kill 99.9% of Germs, REI Class Action Says
4e Brands Hand Sanitizer Class Action Lawsuit Follows Recall
67 thoughts onClass Action Lawsuit Claims Vi-Jon Hand Sanitizer Doesn’t Kill Germs
plz add me
I purchased this sanitizer many times and used it on a regular basis
I purchased several times at Wall Mart. Please add me!