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Wipe Out class action overview:
- Who: A consumer sued Tzumi Innovations LLC, the maker of Wipe Out antibacterial wipes
- Why: She says the chemical wipes were sold to customers without federal approval
- Where: The class action lawsuit was filed in New York federal court
Tzumi Innovations LLC, the manufacturer of Wipe Out antibacterial wipes, deceived low-income consumers into thinking its wipes were safe to use on surfaces in their homes when it did not have regulatory approval for the pesticides in the products, a new class action lawsuit alleges.
Plaintiff Kari Proskin filed the class action lawsuit against Tzumi Innovations July 12 in a New York federal court, alleging violations of state and federal consumer laws.
The lawsuit refers to the Tzumi Innovations products Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes and Wipe Out! Multi-Surface Decontaminant Spray.
According to the lawsuit, the company “predatorially” marketed the products to low-income consumers in the height of the pandemic and “deceptively advertised them” as safe and effective antibacterial products.
During the COVID-19 crisis, Tzumi Innovations intentionally deceived consumers into thinking the U.S. Environmental Protection Agency (EPA) found the products to be safe and effective, though it had never submitted them to the EPA for registration.
“Without submitting the Products for registration, a mandatory process that allows the EPA to assess the safety and effectiveness of the Products, Defendant sold pesticide products without regulatory approval,” the Wipe Out class action states. “Even worse, Defendant expressly stated that it intended the Wipe Out! Wipes to be sold to ‘lower income level customers.’”
Wipe Out class action alleges false, misleading claims on labels
Tzumi Innovations also made numerous false and misleading claims and omissions on the labels that made people believe they were safe and effective for use as an antimicrobial agent on surfaces in homes, the Wipe Out class action states.
“Those claims were made without receiving EPA approval and render the Products illegal,” the lawsuit states.
Beginning in at least August 2020, Tzumi sold and distributed millions of units of Wipe Out wipes to retailers for further sales to customers, Proskin says.
She’s suing on behalf of anyone who bought the wipes in the United States plus a subclass of people who bought the wipes in California, Florida, Illinois, Massachusetts, Minnesota, Missouri, New Jersey, New York and Washington and a Massachusetts subclass.
Proskin is suing for violations of state consumer protection laws, breach of warranty, fraudulent concealment and unjust enrichment and seeking certification of the class action, restitution, damages, fees, costs and a jury trial.
This is not the first time antibacterial wipes have been at the center of a class action since the beginning of the pandemic.
Last year, Walmart in San Luis Obispo County, California, has agreed to pay $9,000 to settle claims of price gouging on disinfecting wipes during the pandemic.
Edgewell Personal Care is facing a class action lawsuit alleging it misleads and deceives consumers by falsely marketing and labeling that its Wet Ones Antibacterial Hand Wipe product “Kills 99.99% of Germs.”
What do you think of the allegations in the Wipe Out class action lawsuit? Let us know in the comments!
The plaintiff is represented by Russell Busch of Milberg Coleman Bryson Phillips Grossman PLLC.
The Wipe Out antibacterial wipes class action lawsuit is Kari Proskin v. Tzumi Innovations LLC, Case No. 1:22-cv-05919, in the U.S. District Court for the Southern District of New York.
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253 thoughts onWipe Out class action alleges antibacterial wipes falsely advertised as EPA approved
I am livid. I have bought dozens of tubs of these wipes and have been using them since the pandemic. My whole family has been using them! What are the health effects from using these? Will we all end up getting cancer down the road?
Wow – class action lawsuits are the worst – the maximum that any plaintiff can receive is $15.00 – what a windfall for a frivolous lawsuit.
It would be nice if there was link to this lawsuit, like there is with most, so forms could be filled out that are needed to join a lawsuit.
Add me
I have purchased these and I am now looking over the label and it doesn’t show any pesticides listed. How does this consumer know that there are pesticides in it? Did they have it analyzed? Add me.
I have a lot of these wipes. I use them to clean the cages of my animals every day
Does anyone know if they a harmful to animals. How about those of us who touch them.? Add me .