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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
My husband had a so clean machine for his cpap. I smelled a horrible smell everytime he had turned it on to use it. I eventually made him stop using it as the smell made me nauseous etc.
It made the cpap smell awful and my husband thinks that this made one of the seals/heating mechanism in his tank go bad prematurely.
Please add us to the lawsuit
I purchased a $ 300.00 model. My CPAP mask had a vulgar odor that I could no longer use it and had to replace it. The SoClean treatment made me extremely sick that I never used it again. It make me wonder what I was doing wrong but the it was my body’s reaction to being poisoned by the SoClean process. I wondered why I wasted so much money when Palin soap and water was more effective.
Me and my wife have been using soclean machine for our CPAP cleaning for years.My wife has been presented with symptoms,could be related to high ozone concentration and me as well.Would like to joint class action suit.
ON 4/29/22 I ASKED TO BE INCLUDED IN THIS LAWSUIT, BUT HAVE YET TO HEAR ANYTHING ELSE ABOUT IT. CAN SOMEONE GIVE ME A STATUS UPDATE ON WHAT IS BEING DONE ON THIS ISSUE PLEASE? THANK YOU
I purchased this SoClean machine in payments because cost was so high and was very disappointed with my results due to reactions to my health.
This is the first time I’v heard of SoClean causing nasal, eye, and breathing problems. I noticed similar issues affecting me.
I am requesting to be placed on this So clean lawsuits and kept informed on this health alert.
I BOUGHT A SOCLEAN FOR MY HUSBAND TO USE WITH HIS CPAP. HE HAS HAD MORE SINUS, ALLERGY & BREATHING ISSUES SINCE HE STARTED USING THE SOCLEAN. PLEASE INCLUDE ME IN THE LAWSUIT.
BY THE WAY THEIR IS NO FORM TO COMPLETE ON THIS
I purchased my So Clean PAP Disinfecting Device on September 17th, 2020. Since using it, I have had sinus problems, sinus infections, headaches and either a sore throat or dry cough. I have been prescribed an inhaler for seasonal asthma as well as a rescue inhaler when my lungs feel overworked and I can not seem to catch my breath. I had to stop using my SO Clean device because their was a strange smell left behind on my CPAP breathing mask, and the smell gave me headaches.
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.
My husband has used CPAP for over 25 years every night faithfully. In 2018, we purchased a So Clean machine and he has used that with his CPAP every day since. Within a couple of months of starting to use So Clean, things started to go wrong with his health involving his heart and lungs. He now has a pacemaker. He had bilateral lung bleed with long term lung damage requiring 24/7 oxygen and daily headaches, dizziness, extreme fatigue, coughing, eye irritation, He had to stop working because of the illnesses. Almost any symptom connected with this, he has had or currently has. Physicians were at a loss to explain what happened to him. We never received any information about the problems with So Clean. We believe this is the explanation for all of his illness.
I’ve been using SoClean machine since 2018. I am just now, literally, as of
yesterday April 3, 2022, realizing that what is happening to me is because of
using this SoClean machine. I WAKE UP with a runny nose, sneezing, and nasal
congestion, with my cpap machine in use!!! My eyes feel like pebbles are in
them!! I’ve been taking allergy medication and wondering why it isn’t working,
and why am I still having having brain fog, dizziness, fatigue and
other symptoms, as well. Please count me in on this.
Thank you