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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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81 thoughts onSoClean class action alleges machines emit ‘toxic’ ozone gas
In October, 2018 we purchased a So Clean machine to clean my husband’s CPAP machine. The cleaner machine was used daily until April, 2022. Within a month of starting to use the SC Cleaner my husband began having heart issues including Afib and ened up having to have a Pacemaker and a cardiac ablation to help the Afib problem. He has also had sinus problems and congestion ongoing. In April, 2020 he had a bilateral lung bleed which left him on oxygen and with asthma. He has daily severe headaches; problems with brain fog and memory issues and almost constant dizziness as well as extreme fatigue. Recently, he was also diagnosed with thyroid cancer. His overall health has declined through the 3-1/2 years of So Clean use. We were never warned that the cleaner was unsafe. All of the ongoing health issues caused my husband to have to stop working and has destroyed his health. He didn’t have serious health issues before the So Clean machine. Now health issues are just one after another and seem to be unending.
Both my wife and I have had constant sinus infections and drainage since using the soclean. Please include us.
I used the original SoClean machine for years my machine is ruined and was giving to my doctor wrong reading due to oxidation of my machine. I had severe headaches and sinus issues after cleaning my machine. My BiPap machine is expensive. I need them to fix my old machine which can be up to $200
I have used So Clean 2 for years and So Clean 3 for three years. I was shocked to hear of the ozone problem and have had a chronic cough and new sinus issues. I pray these are not from ozone’s and have discontinued use until I hear the results of this suit. Shirley Panek
Add me I have a cpap and a so clean machine add me to both
Used soclean machine with cpap for years. Have always fought with upper respiratory issues and sinus issues that antibiotics don’t help. Confusion, cough, sneezing and drainage husband now in hospital with systemic sepsis
Please add me to this lawsuit. I’ve used SoClean for years and was not aware of these issues with SoClean, until my spouse needed a CPAP machine and Rotech informed us of the harm SoClean can cause to the Cpap machine as well as breathing the toxic ozone the SoClean produces.
Hemoptysis in 2013 and then 2 admissions in 2019 for the same. Ling scarring, bronchiolitis, etc. I’m in.
I have been using SoClean2 for about 5 years with worsening sinus drainage symptoms especially at night. Please add me to a class action suit against SoClean2. Mahalo.
Used it for years but have noticed constant cough and nasal drip over the last couple years. Please add me.
I used a SoClean machine for years, the smell omitted by the machine always bothered me. I now have suffered from extreme shortness of breath and breathing issues. I purchased the machine directly from SoClean if I remember correctly.