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SoClean Lawsuit Overview:
- Who: SoClean has been hit with another class action lawsuit for allegedly misrepresenting the safety of its CPAP cleaning devices.
- What: Consumers say the company falsely says its CPAP cleaning devices are “safe” and “healthy” when they emit the toxic gas ozone at levels unsafe to humans.
- Where: The new class action was filed on behalf of Arkansas consumers.
SoClean falsely tells customers its CPAP cleaning devices are “safe” and “healthy” when they emit the toxic gas ozone at levels unsafe to humans, a new class action lawsuit alleges.
The SoClean lawsuit was filed in Arkansas on October 12 by lead plaintiff Steve Landers, who alleges that the company violates federal law by failing to disclose its devices emit ozone and by falsely representing that its devices use “activated oxygen” to clean CPAP cleaning machines.
It is the latest in a string of SoClean lawsuits filed against the company over the use of ozone in the CPAP cleaning devices, which Landers says in his claim, to be effective as a germicide, must be present in a concentration far greater than can be safely tolerated by people or animals.
SoClean Lawsuit Claims Consumers Misled About Safety of CPAP Cleaning Device
The company makes the SoClean 2 CPAP Sanitizing Machine and the SoClean 2 Go CPAP Sanitizing Machine that work by generating ozone to sterilize and deodorize the devices. However, ozone is an unstable toxic gas with a pungent characteristic odor — sometimes described as “clean” smelling — that can kill bacteria and viruses, the claim explains.
According to the SoClean lawsuit, the company’s representations are designed to mislead consumers into believing that the machine uses a benign form of oxygen to clean CPAP machines rather than a harsh gas that is generally only suitable for commercial sanitization under highly controlled conditions.
“SoClean’s marketing materials fail to disclose that its devices emit ozone, which is a longstanding requirement of federal law,” Landers says.
“Instead, SoClean falsely represents that its devices use ‘activated oxygen’ to clean CPAP machines. SoClean markets the devices as ‘safe’ and ‘healthy,; which is false give that they generate toxic ozone gas at levels that substantially exceed federal regulations.”
Additionally, Lander says, SoClean falsely claims that its devices are “sealed” so that “activated oxygen” (i.e. ozone) does not escape the devices.
“SoClean devices are so dangerous and destructive that several of the largest manufacturers of CPAP machines in the United States require purchasers to acknowledge that they have been informed that if the purchaser uses a SoClean device to clean their CPAP machine, the warranty of their CPAP machine will be voided,” he points out in the claim.
Landers’ SoClean lawsuit comes as more than 90 lawsuits filed against Koninklijke Philips for its allegedly toxic sleep apnea devices have been consolidated into a multi district litigation and sent to a Pittsburgh federal court for litigation.
The lawsuits followed a recall notice for the devices said that they could cause skin, eye, and respiratory tract irritation, an inflammatory response, headaches, asthma, adverse effects to other organs (e.g. kidneys and liver), and toxic carcinogenic effects, due to contain polyester-based polyurethane sound abatement foam, or PEPUR foam, which the claims all say can degrade and release toxins into users’ airways.
Landers is looking to represent anyone in Arkansas who purchased or used a SoClean device to clean and sanitize their CPAP, BiPAP or Mechanical Ventilation machine.
He is suing for breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, negligent misrepresentation, unjust enrichment, and more. He seeks certification of the Class, damages, interest, legal fees and costs, and a jury trial.
Have you ever used a SoClean device to clean a CPAP? Let us know your experience in the comments section!
Landers is represented by Thomas P. Thrash and Will T. Crowder of Thrash Law Firm, P.A.; John M. Deakle, Russell L. Johnson, and Ronald V. Johnson of Deakle-Johnson Law Firm, PLLC; and Patrick W. Pendley and Andrea Barient, of Pendley, Baudin & Coffin.
The SoClean Toxic CPAP Cleaning Device Class Action Lawsuit is Landers v. SoClean, Inc., Case No. 4:21-cv-00919-BSM in the Circuit Court of Pulaski County, Arkansas, 17th Division.
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59 thoughts onSoClean Lawsuit Allege Toxins in CPAP Cleaning Devices, Class Actions Mount
Please include me. I purchased my unit in May 2019. I since have started having super dry nose to point it bleeds, sinus infections, coughing on occasions, chest always feels like there is something in the upper part of my air passageway, bad headaches, my machine does put off that strong “ozone” clean smell, and I occasionally get a rash across my face after cleaning my bipap machine with the SoClean device.
I bought SoClean last January and just learned of this. I immediately stopped using and called the company to ask for a refund. I was denied and refund, and the man I spoke with was very rude. It was very expensive and now I can’t use it. I get sinus pressure, headaches and other respiratory symptoms. Please include me in the lawsuit.
I have been using a SoClean for about 6 months now. I’ve always noticed a strange smell when using the machine. The literature sent with the machine says it would go away on its own after a few days, but it never did. I also noticed that use of the So Clean greatly exacerbated the allergy symptoms I already suffer from and has really disrupted my sleep pattern. i almost wonder now if my allergic reactions was basically my body reacting to every night by the SoClean machine.
I have been using the socpean for almost a year now. I am now hearing all of this about it. Can I be added to this lawsuit?
Can I get added to the so clean lawsuit
Add me to the law suit against So Clean. I was told to stop using it due to health concerns. I have lung issues and sinus issues and head aches
I have been using SoClean’s device for years. I am part of the Phillips/ Respironics recall and was told to stop using the SoClean equiptment. I contacted SoClean and they told me to start back using it with the replacement CPAP machine. I asked for a refund of my $250 paper weight. The company’s advertising claims that its cleaning devices work by using “activated oxygen” to sterilize, disinfect, and deodorize CPAP machines. None of that was true, I challenged the rep about not being FDA approved and he told me that SoClean was FDA “registered” which means nothing. Please add me to the suit
Used SoClean for years. Saw a strange, nasty orange film develop in the tubing that took quite some time of flushing the tube with soap
And hot water to eliminate. That surely went into my lungs as well.
I used a SoClean machine for years stop using it because of concerns it was safe. My doctor also told me it wasn’t safe. Please add me to any lawsuit against them .
I own a soclean unit then my doctor told me not to use it because he said it is no good.