Germ-X class action claims product falsely advertises germ-killing abilities

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Germ-X germ-killing class action lawsuit overview: 

• Who: Amnery Castaneda and Danielle Steiner filed a class action lawsuit against Vi-Jon Inc. 
• Why: Castaneda and Steiner claim Vi-Jon falsely advertised the efficacy and ethyl alcohol content of its Germ-X brand moisturizing original hand sanitizer. 
• Where: The class action lawsuit was filed in California federal court. 

Vi-Jon Inc. negligently or intentionally made misleading representations about the efficacy and ethyl alcohol concentration of its Germ-X brand moisturizing original hand sanitizer, a new class action lawsuit alleges. 

Plaintiffs Amnery Castaneda and Danielle Steiner claim Vi-Jon misleadingly represented the Germ-X hand sanitizer in order to “capitalize” on the COVID-19 pandemic and the “exponentially heightened demand for hand sanitizers” they say it caused. 

Castaneda and Steiner argue the Germ-X hand sanitizer was falsely advertised to contain 62% ethyl alcohol that could kill 99.99% of germs. 

“In reality, Product contains less than 62% ethyl alcohol, does not kill 99.99% of germs and fails to kill germs in 15 seconds,” the Germ-X class action states. 

Castaneda and Steiner want to represent a California class of consumers who purchased the Germ-X moisturizing original hand sanitizer for personal use and not resale on or after April 28, 2018. 

Germ-X hand sanitizer contains almost 10% less ethyl alcohol than advertised, says class action 

The actual ethyl alcohol concentration of the Germ-X moisturizing original hand sanitizer is nearly 10% less than what was advertised, the Germ-X class action alleges. 

Castaneda and Steiner argue consumers were ultimately deceived and/or defrauded by purchasing a health safety item that “lacks the composition and benefits they reasonably thought they were purchasing.”

“Plaintiffs and other deceived and/or defrauded consumers/class members relied on Defendant’s misbranding of Product and reasonably believed they were buying an item that is hand sanitizer,” the Germ-X class action states. 

Castaneda and Steiner claim Vi-Jon is guilty of breach of express warranty, breach of implied warranty of merchantability, common law fraud, unjust enrichment and intentional and negligent misrepresentation; they also allege the company is in violation of California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law. 

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, statutory and/or punitive damages for themselves and all class members. 

A similar class action lawsuit was filed against Vi-Jon in July 2020 by a consumer arguing the company falsely advertised its hand sanitizer as being able to kill 99.99% of germs. 

Have you purchased a Germ-X hand sanitizer product? Let us know in the comments.

The plaintiffs are represented by Craig Peters of Altair Law and Shalini Dogra of Dogra Law Group PC. 

The Germ-X germ-killing class action lawsuit is Castaneda, et al. v. Vi-Jon Inc., Case No. 4:23-cv-00473, in the U.S. District Court for the Northern District of California.

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