CVS Class Action Alleges Store Brand Sanitizer Does Not Kill 99.99% Of Germs

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CVS Hand Sanitizer Class Action Lawsuit Overview: 

• Who: Marysusan Catholdi-Jankowski filed a class action lawsuit against CVS Health Corp. 
• Why: Catholdi-Jankowski claims CVS misleads consumers by labeling that its alcohol-based hand sanitizers kill 99.99% of germs. 
• Where: The class action lawsuit was filed in New York federal court. 

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

Plaintiff Marysusan Catholdi-Jankowski claims it is “scientifically proven” that alcohol-based hand sanitizers like the one sold by CVS do not kill “many types of germs.” 

“It is hard to believe that Defendants’ hand sanitizer kills 99.99% of all germs while excluding the family of viruses that causes more than half of all food borne illnesses in the country,” the CVS class action states. 

Catholdi-Jankowski claims CVS is aware science does not back up its 99.99% declarations and that there is no evidence to support them.

“The product labels are therefore materially misleading in that they plainly state, in a manner giving the impression that it has been scientifically proven, that the product kills 99.99% of germs when studies show that it does not kill many types of germs,” the CVS class action states. 

CVS Class Action Alleges Retailer ‘Misled’ Hundreds of Thousands of Consumers

The allegedly false statements have given “hundreds of thousands” of consumers the “false belief” the CVS brand hand sanitizers have been “proven to kill 99.99% of germs and will protect people from disease,” the CVS class action alleges. 

Catholdi-Jankowski argues that, in reality, it has “not been so proven” and “reasonable consumers have been misled.” 

Catholdi Jankowski claims CVS is guilty of fraud and unjust enrichment and in violation of New York General Business Law. She is demanding a jury trial and requesting injunctive relief along with actual, statutory, treble and punitive damages for herself and all class members. 

Catholdi-Jankowski wants to represent a New York class of consumers who have purchased CVS brand hand sanitizer in the past four years.

A consumer filed a similar class action lawsuit against CVS in March, claiming the company’s hand sanitizer fails to kill 99.99% of germs as stated. 

Have you purchased CVS brand alcohol-based hand sanitizer? Let us know in the comments! 

The plaintiff is represented by Thiago M. Coelho, Robert Dart, Jonas Mann and Carolin Shining of the Wilshire Law Firm PLC and Daniel A. Schlanger of Schlanger Law Group LLP. 

The CVS Hand Sanitizer Class Action Lawsuit is Catholdi-Jankowski v. CVS Health Corp., et al., Case No. 6:22-cv-06227, in the U.S. District Court for the Western District of New York.

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