Dial Complete Consumers Secure Class Cert. in Hand Soap Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

After years of litigation, plaintiffs have finally secured Class certification in a false advertising lawsuit over the labeling for Dial Complete soap.

The current motion for Class certification centered on the question of how damages could be calculated on a Class-wide basis. U.S. District Judge Steven J. McAuliffe accepted a method offered by plaintiffs’ expert witness.

Under that method, Class-wide damages could be calculated by determining how much value a consumer would place on each allegedly false or misleading representation at issue.

“[W]hile no doubt imperfect in some respects, weak in others, and subject to challenges on cross-examination, [the plaintiffs’] proffered means of calculating class wide damages is sufficient to demonstrate that a price premium for the allegedly falsely-claimed feature(s) exists,” Judge McAuliffe said.

“[That premium] can be reliably calculated, using means and methods generally understood and accepted in the fields of economics and statistics.”

This Dial Complete class action lawsuit is a consolidation of multiple actions from consumers in several different states, all challenging the labels on Dial Complete antibacterial soap. These actions were consolidated before Judge McAuliffe in August 2011.

Plaintiffs allege Dial has been making unsubstantiated claims in its marketing for Dial Complete. According to the plaintiffs, Dial falsely represents that Dial Complete provides certain health benefits that are not provided by ordinary soap.

The plaintiffs take issue with representations on the Dial Complete label that claim the product “Kills 99.99% of Germs” encountered in household settings and that it is the “#1 Doctor Recommended” antibacterial liquid hand wash.

Dial Complete contains triclosan, an antibacterial component originally developed for use by health care professionals and more recently incorporated into consumer products. Triclosan has been banned in other countries due to an alleged link to cancer.

The Dial class action survived a motion for dismissal in March 2013. Over Dial’s arguments to the contrary, Judge McAuliffe found that the plaintiffs had raised adequate factual allegations to support their claim that Dial Complete is no more effective than regular soap.

The current motion is the plaintiffs’ second attempt at certification, after the court denied their first motion for certification in December 2015.

The court said then that many of the plaintiffs’ claims were simply incapable of Class-wide proof. For the other claims, the court said the plaintiffs hadn’t provided enough detail to determine whether damages could be calculated on a Class-wide basis.

The plaintiffs came back in June 2016 with their current motion for certification, this time with expert testimony explaining how Class-wide damages could be calculated using an economic loss model.

The final Class definition is yet to be determined. Judge McAuliffe ordered the parties to submit a proposed certification order with a proposed Class definition by April 28, 2017.

Attorneys from Shaheen & Gordon PA serve as interim lead counsel for the plaintiffs.

The plaintiffs’ executive subcommittee includes attorneys from Climaco Wilcox Peca Tarantino & Garofoli Co. LPA., Grant & Eisenhoffer PA, Holland Law Firm, Levin Fishbein Sedran & Berman, and Neblett Beard & Arsenault.

The plaintiffs’ steering committee includes attorneys from Becnel Law Firm LLC, Bolen Robinson & Ellis LLP, Chaiken Law Firm PLLC, Rash Law Office, and Shepherd Finkelman Miller & Shah LLC.

The Dial Complete Class Action Lawsuit is In re: Dial Complete Marketing and Sales Practices Litigation, MDL No. 2263, in the U.S. District Court for the District of New Hampshire.

UPDATE: On Jan. 12, 2019, the Dial Complete Foaming Liquid Hand Soap class action settlement is now open. Click here to file a claim.

UPDATE 2: On May 10, 2019, the U.S. Department of Justice said the $7.4 million Dial Complete Soap class action settlement should be rejected because of hefty attorneys’ fees and little gain for Class Members.

UPDATE 3: On May 29, 2019, the $7.4 million Dial soap settlement was granted final approval despite objections from the government.

UPDATE 4: On Sept. 27, 2019, Top Class Actions viewers started receiving checks from the Dial Complete Soap class action settlement worth as much as $8.10. Congratulations to everyone who filed a valid claim and got PAID!