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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
I would like to be in this lawsuit. Since getting my SoClean, I had nothing but problems with my sinuses and I have developed a Nereo chronic cough that has no cure. So, I have quit using it.
I was told a couple of years ago that they were not good for the Resmed machine. Now I find out today that it may effect my health, great! Sinus issues, throat clearing…I quit today!!! Purchased a UV Lumin machine to sanitize. They should refund my $300.00 at minimum!
I have one too and paid $300 for it and it has aggravated my sinus, allergy and rhinitis issues. I wake up coughing very profusely.
I have been using the so clean machine for a couple years now the smell after its been cleaned is horrid and I have had breathing and nasal problems for awhile now. I have in the past two months stop using it
Have used soclean for almost 2 yrs. have lung problems
I have used the SoClean machine for several years now. I am experiencing some respiratory problems. I never associated this problem with the SoClean machine. I appreciate you letting us know that it is unsafe. Please add me to the lawsuit against them.
My mother had been using So Clean with her CPAP machine until the Dr recommended she stop using immediately. The smell was awful and I was assured it was not harmful. She has a horrible cough since using it. Please contact me to discuss options available to to assist her
I have used my so clean for the past 6 years EVERY day!!! I have developed multiple breathing problems and am now disabled. Please contact me. I do have my machine yet and I believe I have the box it came in. I did not receive any recall information related to it either.
Please add me to the lawsuit i have been using it since soclean2 came out have lots or medical problems and also cancer. i believe this is the cause.
Can I please be included in the SoClean Class Action. I am under immunotherapy and when I use the SoClean it emits a strong vinegar type odor that makes my wife and I nauseous. I also have moderate Asthna and would occasionally have to use my inhaler and air my mask out as the smell is usually to strong to use afterwards.
Please include me; I bought a SoClean and it emits so much smell and toxins I couldn’t use my CPAP for a few days anytime I used it.