SoClean Uses Undeclared Toxic Gas in Its CPAP Cleaning Devices, Class Action Alleges

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SoClean CPAP Class Action Lawsuit Overview: 

• Who: A consumer is suing SoClean, which manufactures CPAP cleaning devices.
• What: He claims the company hides that it uses a toxic gas harmful to humans.
• When: He lodged a class action lawsuit against the company on behalf of Mississippi consumers.

SoClean, which manufactures CPAP cleaning devices, fails to tell consumers who are at high risk of contracting breathing related illnesses that its devices emit the toxic gas ozone at levels unsafe to humans, a new class action lawsuit alleges.

The class action was filed in Mississippi on September 7 by lead plaintiff Anthony Sakalarios, 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 machines.

“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,” Sakalarios says in the lawsuit.

SoClean falsely represents that its devices use “no water or chemicals” or “no harsh chemicals” to clean CPAP machines, despite using ozone gas – a harsh chemical that causes respiratory problems in humans, he adds.

According to the claim, SoClean’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 CPAP Cleaner Uses Unsafe Gas

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 CPAP machines. 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.

To be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by people or animals, it says.

Sakalarios says in the claim that SoClean represents that its devices use the same sanitizing process found in “hospital sanitizing,” however, hospitals cannot and do not use ozone sanitizers in spaces occupied by patients.

He says that 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.

“Misrepresentations are made more egregious because the SoClean devices are designed and marketed for use on the consumer’s bedside table and because CPAP users suffer from many symptoms that ozone exposure exacerbates – making the falsehoods especially reprehensible and dangerous,” Sakalarios adds in the claim.

He is looking to represent anyone in Mississippi who purchased or used a SoClean device to clean and sanitize their CPAP, BiPAP or Mechanical Ventilation machine.

Sakalarios 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.

CPAP users recently faced an extensive recall of Philips breathing devices that may contain toxic foam. Several have lodged class action lawsuits against Philips alleging that the company has failed to provide replacements and is attempting to force CPAP users to purchase breathing devices from its new line. 

Have you ever used a SoClean device to clean a CPAP? Let us know your experience in the comments section!

Sakalarios is represented by 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 Gas Class Action Lawsuit is Sakalarios v. SoClean, Inc., Case No. 2:21-cv-00114-HSO-JCG in the U.S. District Court Southern District of Mississippi Eastern Division.

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