CVS class action alleges retailer deceives consumers over proper use of its cotton swabs

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CVS cotton swabs class action overview:

• Who: A cotton swab customer has filed a class action lawsuit against CVS
• Why: The customer says CVS doesn’t properly warn consumers that cotton swabs are dangerous to clean the ears with 
• Where: Florida federal court

CVS sells cotton swabs—commonly known as Q-tips—without adequately warning customers that they are not safe to clean the ears with, a new class action lawsuit alleges.

Plaintiff Robert Dampolo filed the class action lawsuit against CVS June 30 in a Florida federal court, alleging violations of state and federal consumer laws.

Dampolo says decades of industry marketing has taught consumers to use cotton swabs to  clean out ear wax. However, otolaryngologists agree that the practice of self-cleaning wax from the ear with a cotton swab is dangerous and not medically advised, he says, as it can perforate the eardrum. 

He says most cotton swab brands, including Q-tips, started adding warnings to the products to caution against entering the ear canal with the swab.

However, he alleges CVS makes a widely-sold cotton swab that does not adequately warn consumers of the risks of using them to clean the ears. 

“Strangely, the warning on this box simply reads: When cleaning ears, use in outer ear only!,” the class action lawsuit states. 

However the outer ear includes the eardrum, meaning the warning lacks the detail and specificity to keep consumers safe, the lawsuit states.

Warning encourages dangerous use, lawsuit states

The warning, read in its totality, is encouraging consumers to use the product in a manner that clearly violates the medical guidance and is likely to cause injuries, Dampolo says. 

“At its best, CVS made a mistake in its packaging which is, nonetheless, causing consumers to be deceived about the proper uses for its cotton swabs,” he says.

“At its worst, though, CVS surreptitiously kept the warning for its highest selling cotton swab packaging vague as there is no doubt that the lion’s share of the revenue generated from this product is from sales to consumers cleaning ears with a cotton swab.”

Dampolo says he is seeking certification of a nationwide class of people who bought the CVS cotton swabs with improper warnings from May 2017 to now, plus a Florida Subclass.

He’s suing for breach of warranty, unjust enrichment and negligent misrepresentation, as well as fraud and breach of Florida consumer laws. 

He’s seeking certification of the class action lawsuit, damages, fees, costs, an injunction and a jury trial. 

Meanwhile, a recent class action lawsuit alleges CVS Health misleads consumers by stating its CVS brand alcohol-based hand sanitizer kills 99.99% of germs.

Did you know that cotton swabs are not recommended for cleaning the ears? Let us know in the comments! 

The plaintiff is represented by James P. Gitkin of Salpeter Gitkin, LLP.

The CVS Cotton Swabs Class Action Lawsuit is Robert Dampolo v. CVS Pharmacy, Inc., Case No. 0:22-cv-61244-RAR in the U.S. District Court Southern District of Florida 

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