Target Class Action Says Hand Sanitizer May Not Kill COVID-19

According to a recent California class action, Target-brand hand sanitizer is falsely advertised as killing “99.9% of germs” and preventing viruses such as the coronavirus.

Lead plaintiff Mardig Taslakian alleges that he and other consumers thought the product would help protect them, especially during the coronavirus pandemic, based on these representations.

However, Target reportedly failed to consider the lack of evidence that hand sanitizers can effectively prevent the spread of disease when advertising its product.

“Target is aware that consumers’ fear of flu and other viruses, together with Defendant’s implied misrepresentations that it prevents such diseases and illnesses, drives sales and, as a result, earns profits for the company,” contends the Target class action lawsuit.

Have you relied on advertising stating Target’s hand sanitizer kills 99.9% of germs? Get legal help by clicking here.

Taslakian claims that Target makes these representations despite having a lack of scientific evidence that links hand sanitizer with killing viruses and bacteria.

In fact, the Target class action points out that the U.S Food and Drug Administration already sent a letter to competitor Purell, admonishing them over similar claims made about its hand sanitizer.

According to the complaint, Target sells its own brand of hand sanitizer called Up and Up. The retail chain invites consumers to compare its much lower-priced product with brand-name products, such as Purell.

In addition, the store claims that its hand santizier can eliminate most “germs,” including viruses and bacteria in as little as 15 seconds of use. The plaintiff says Target “suggests that by using the Hand Sanitizer, the consumer will no longer contract” the flu or other viruses.

“Similar to the Purell hand sanitizer, Target’s Hand Sanitizer relies on 70% ethyl alcohol as the active ingredient in their hand-sanitizing products and Target itself compares its Hand Sanitizer to Purell’s,” alleges the Target class action lawsuit.

“Therefore, the FDA’s Warning Letter, condemning Purell’s misrepresentations that its hand sanitizer is intended for reducing or preventing the flu and other viruses, applies equally to Target’s Hand Sanitizer. In fact, the FDA explicitly expanded its warning beyond Purell, stating that ‘we are not aware of a similar OTC [over the counter] product as formulated and labeled’ that is supported by evidence that it prevents infection from the flu or other viruses.”

Taslakian says he purchased a 32-fluid ounce bottle of Target brand Up and Up hand sanitizer in California in March 2017. The plaintiff says he relied on Target’s representations that the product would kill 99.9% of germs when making his purchase.

The Target class action lawsuit seeks to represent a Class of Californians who purchased its store brand hand sanitizer.

Hand Sanitizer vs. Soap

Experts generally agree that, when there is a choice, it is better to use soap and water over hand sanitizer. Soap, according to experts, contains amphiphiles. This substance mixes with viruses and bacteria, along with the oils, on people’s hands and allows water to wash germs away. In addition, soap pulls the protective coating away from viruses, such as COVID-19, and leaves it exposed, likely killing it.

While hand sanitizers can remove viruses and bacteria, they cannot wash away these disease-causing agents, point out the experts. Hand sanitizers are sufficient when out and about, as long as they are applied properly and thoroughly. However, it should not be a substitute for proper handwashing.

Generally, health experts recommend the following guidelines for handwashing to ensure it removes bacteria and viruses;

• Wet hands with clean running water
• Use plenty of soap
• Rub hands together with the soap thoroughly, remembering the backs of hands, between fingers, thumbs, and under the fingernails
• Wash for at least 20 seconds; some experts even recommend 30 seconds
• Dry hands thoroughly

A number of class action lawsuits and other litigation have been filed as the coronavirus pandemic unfolds. From allegations of falsely advertised “cures” and other scams to workplace issues, Top Class Actions is covering all coronavirus legal issues here.

Taslakian is represented by Sareen Bezdikian and Raffi Kassabian of Bezdik Kassab Law Group.

The Target Hand Sanitizer Class Action Lawsuit is Taslkian v. Target Corporation, et al., Case No. 2:20-cv-02667, in the U.S. District Court for the Central District of California.

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