Softsoap Antibacterial Hand Soap Class Action Reaches Settlement

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A class action settlement was reached with Colgate-Palmolive Co. to resolve the multidistrict litigation over allegedly deceptive marketing, which made customers believe that its Softsoap Antibacterial liquid hand soap is able to kill most common germs.

A joint motion for preliminary approval of the Colgate-Palmolive class action settlement was filed in a New Hampshire federal court Friday. The settlement comes after almost two years of litigation. It also includes attorneys’ fees and awards for the Class Representatives. If there is money leftover after all class members are paid, it will go to charity that the two parties agreed on.

This antibacterial hand soap class action lawsuit MDL alleged that the active ingredient triclosan, that was in the Softsoap Antibacterial soap, and which Colgate-Palmolive claimed was able “to eliminate 99 percent of germs,” isn’t able to do what the company claimed it could.

“Specifically, plaintiffs allege defendant deceptively and unfairly represented to consumers that using Softsoap Antibacterial provides special health benefits, including but not limited to, statements that the product is ‘dermatologist tested,’ ‘clinically proven to eliminate 99 percent of germs your family encounters,’ ‘offers antibacterial protection,’ ‘kills 99% of common germs,’ ‘Goodby Germs-Hello World,’ and is ‘America‟s most trusted handsoap,'” the Softsoap class action settlement explains.

The plaintiffs believe that class members “were induced into purchasing a product that they believed provided them with heightened antibacterial protection over regular soap and water or other liquid hand soaps that do not contain triclosan.”

The plaintiffs cited a study by the by the Centers for Disease Control and Prevention in 2000 which found that triclosan used in the typical five-second hand-washing of the average person did not kill most common bacteria.

Other studies showed that triclosan didn’t kill any more bacteria than soap and water.

There were several class action lawsuits filed over the alleged “misleading marketing” of the Softsoap Antibacterial products, beginning in Feb. 4, 2011 through Oct. 28, 2011 in California, Florida, Illinois and Nevada. The class action lawsuits were consolidated by the Judicial Panel on Multidistrict Litigation on March 7, 2012 and sent to the New Hampshire federal court.

The parties began negotiating the class action settlement in July 2013, which included a variety of disruptions.

The class includes anyone who purchased the Softsoap Antibacterial soap in the United States from Jan. 1, 1992 through the notice date of this class action settlement.

Colgate-Palmolive has agreed to injunctive relief to resolve the allegations.

“Specifically, Defendant has agreed to refrain from making three of the five statements challenged as misleading, and agreed to use the ingredient triclosan in its Product only in a manner consistent with final FDA regulations,” according to the class action settlement.

However, Colgate-Palmolive stopped making and marketing the antibacterial Softsoap product in 2011.

According to the terms of the agreement, “defendant has no present intention to reintroduce triclosan as an ingredient in its product; however, to the extent defendant‟s intentions change in the future, Defendant will use triclosan only in a manner consistent with final FDA regulations.”

In 2013, the FDA said that it was blocking companies from selling soaps made with triclosan unless they were able to offer evidence showing that the ingredient made the soap better at killing germs than soap and water.

Lucy J. Karl of Shaheen & Gordon PA serves as interim lead counsel for the plaintiffs, who are also represented by attorneys from Kaplan Fox & Kilsheimer LLP, Climaco Wilcox Peca Tarantino & Garofoli Co. LPA, Holland Groves Schneller Stolze LLC and others.

Colgate-Palmolive is represented by Michele E. Kenney of Pierce Atwood LLP, Shon Morgan, Joseph Milowic, Isaac Nesser, Stephen A. Swedlow, Karin Kramer, Faith E. Gay and Margaret Caruso of Quinn Emanuel Urquhart & Sullivan LLP, Christopher J.M. Collings of Morgan Lewis & Bockius and Jill Garcia of Ogletree Deakins Nash Smoak & Stewart PC.

The Softsoap Antibacterial Hand Soap Class Action Lawsuit MDL is In Re: Colgate-Palmolive Softsoap Antibacterial Hand Soap Marketing and Sales Practices Litigation, Case No. 1:12-md-02320 in the U.S. District Court for the District of New Hampshire.