Molekule Class Action Says Air Purifier Does Not Kill Germs

Molekule Inc. has been hit with a class action lawsuit by a consumer claiming the company’s air purifier does not “destroy” germs or “eliminate” pollution.

Paul Lepore says Molekule’s claims that the product eliminates dust, pollen and other contaminants are false. He alleges that Molekule claims its air purifiers are superior to High Efficiency Particulate Arresting (HEPA) air purifiers for removing allergens from the home.

Lepore states that indoor air pollution and air quality are important to consumers, especially those with severe allergies or asthma. He claims that the defendant markets and sells the products as being highly effective at combating indoor air pollution and improving indoor air quality. 

The defendant also maintains that their product will destroy 3.4 million black mold spores in 50 minutes, 1 million allergens in 4 minutes, 3.4 million ms2 viruses in 2 minutes, and 3.7 million bacteria in 5 minutes, according to the Molekule class action.

However, the plaintiff avers that the defendant’s product does not remove impurities from the air to the extent advertised and fails to perform as represented. Lepore says the defendant’s branding, advertising and packaging of the product is designed to deceive, mislead and defraud customers.

“Defendant has sold more of the Products and at higher prices per unit than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the Molekule class action lawsuit goes on to state.

The marketing of the air purifier saying that it is able to “destroy” pollutants has a material bearing on price because consumers are willing to pay more for such products, the plaintiff argues. He says the value of the product was materially less than its value as represented by the manufacturer.

Lepore says had he known the truth, he would not have purchased the product or would have paid much less for them. As a result of the false and misleading labeling, the product is sold at a premium price, says Lepore. He allegedly paid $799 for the Molekule Air Filter, which is a higher price when compared to other similar products represented in a non-misleading way.

The defendant advertised and represented to consumers that the products were more effective at eliminating airborne pollutants and allergens than the products actually were, according to Lepore.

“Plaintiff relied on the statements, omissions and representations of defendant, and defendant knew or should have known the falsity of same,” the Molekule class action lawsuit states.

The plaintiff asserts that Molekule had a duty to disclose and provide non-deceptive marketing of the product and knew or should have known that their statements were misleading.

Lepore goes on to state that the false representations made by the defendant took advantage of consumers’ belief in scientific claims and their inability to cut through the data to get to the truth. He says he reasonably and justifiably relied on the misleading and negligent claims, which served to induce the purchase of the air purifier.

The Molekule class action lawsuit says the defendant received notice and should have been aware of misrepresentations due to numerous complaints by consumers to its office over the years.

The plaintiff also maintains that the defendant advertised and represented to consumers that the products were more effective at eliminating airborne pollutants and allergens than they actually were.

“Defendant obtained benefits and monies because the Product was not as represented and expected, to the detriment and impoverishment of plaintiff and class members, who seek restitution and disgorgement of inequitably obtained profits,” the Molekule air purifier class action lawsuit states.

A New York Times article published in February 2020 points to National Advertising Division (NAD) opinion which found that Molekule’s advertising claims were instantiated. Allegedly, air purifier Dyson had challenged many of Molekule’s claims and the NAD found that all 26 claims from Molekule did not hold weight.

As per the recommendation of the NAD, Molekule has agreed to withdraw its pollution elimination claims, which means that it no longer stands by the numbers that it has touted as proof that the air purifiers eliminate biological particles.

Consumer Reports also reviewed the Molekule air purifiers in December 2019 and put the products through a standard battery of tests and found that it almost failed. It found that if the air purifier isn’t taking in enough air, it will struggle to clean the air at any scale.

Prospective Class Members include: “all purchasers of the Product in New York and the other forty-nine (49) states during the applicable statutes of limitations and a national class where applicable.”

Did you purchase a Molekule Air Purifier and discovered it doesn’t work as advertised? Leave a message in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates and Michael R. Reese of Reese LLP.

The Molekule Air Purifier Class Action Lawsuit is Paul Lepore v. Molekule Inc., Case No. 2:20-cv-02571, in the U.S. District Court for the Eastern District of New York.

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