SoClean class action alleges machines emit ‘toxic’ ozone gas

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SoClean CPAP ozone class action overview: 

• Who: A consumer hit SoClean with another class action lawsuit for allegedly misrepresenting the safety of its continuous positive airway pressure (CPAP) cleaning devices.
• Why: The plaintiff says the company falsely claims its CPAP cleaning devices are “safe” and “healthy” when they actually emit the toxic ozone gas at levels unsafe to humans.
• Where: The case was filed in Florida federal court.

SoClean falsely tells customers its CPAP cleaning devices are “safe” and “healthy” when they actually emit the toxic ozone gas at levels unsafe to humans, a new class action lawsuit alleges.

Plaintiff Ralph Gemelli filed the class action complaint against SoClean, Inc. June 7 in a Florida federal court, alleging violations of state and federal consumer laws. 

SoClean makes devices used to clean continuous positive airway pressure (CPAP) machines. 

According to the complaint, the company concealed from consumers that there was a risk of ozone exposure from using its SoClean 2 CPAP Sanitizing Machine, the SoClean 2 Go CPAP Sanitizing Machine and their predecessor devices. 

“SoClean markets the devices as ‘safe’ and ‘healthy,’ which is false given that they generate toxic ozone gas at levels that substantially exceed federal regulations,” the lawsuit states.

SoClean class action alleges company fails to disclose its sanitizing products emit toxic gas

The SoClean devices work by generating ozone to sterilize and deodorize CPAP machines, the lawsuit says. 

Ozone (O3) is an unstable toxic gas with a pungent characteristic odor that can kill bacteria and viruses. To be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by humans or animals, the lawsuit alleges.

Despite emitting ozone, SoClean’s marketing materials fail to disclose the fact, which is a longstanding requirement of federal law, the plaintiff alleges. The omission is particularly egregious considering many of SoClean’s customers are already sick, the lawsuit states.

Gemelli seeks to represent anyone from Florida who purchased or used a SoClean device to clean and sanitize their CPAP, BiPAP or mechanical ventilation machine.

He’s suing for breach of warranty, fraudulent misrepresentation, fraud by omission and unjust enrichment and seeking certification of the class action lawsuit, damages, fees, costs and a jury trial. 

Last October, a consumer hit SoClean with a similar class action lawsuit, alleging it falsely tells customers its CPAP cleaning devices are safe.

If you have owned or used a SoClean cleaner device to sanitize your CPAP machine, you may be able to join a class action lawsuit for damages arising from your exposure to toxic levels of ozone and for your purchase of the device.

Owners of other CPAP cleaning devices that use similar technology, such as VirtuCLEAN, Purify 03, Zoey, or Sleep 8, may also be able to join a class action lawsuit investigation. 

The plaintiff is represented by Katherine Earle Yanes of Kynes Markman & Felman, Ruth Anna French-Hodson of Sharp Law Firm and Gary E. Mason and Danielle L. Perry of Mason LLP.

The SoClean Class Action Lawsuit is Ralph Gemelli v. SoClean, Inc., Case No. 8:22-cv-01312-CEH-CPT, in the U.S. District Court for the Middle District of Florida, Tampa Division.

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