Wipe Out! false advertising $2M class action settlement

Update:

• Top Class Actions readers reported this settlement paying out up to $4.43 as of Nov. 6, 2023. 
• Congratulations to everyone who filed a claim and got paid!

Tzumi Innovations agreed to a $2 million nationwide class action lawsuit settlement to resolve claims it used false marketing to lead consumers to incorrectly believe its Wipe Out! products were safe and legal to use as surface disinfectants. No proof of purchase is required for consumers to benefit from the Wipe Out! settlement.

The settlement benefits anyone who purchased Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes or Wipe Out! Multi-Surface Decontaminant Spray in the United States on or before April 19, 2023.

The plaintiffs in the lawsuit alleged that, during the COVID-19 public health crisis, Tzumi Innovations engaged in deceptive business practices by intentionally deceiving consumers into thinking its Wipe Out! products were approved pesticide products the Environmental Protection Agency (EPA) had found to be safe and effective on surfaces when the company had not submitted them to the EPA for registration.

Tzumi Innovations denies any wrongdoing and denies the allegations. 

Tzumi is a New York-based retail company that distributes an array of sanitizing products, including vacuums, wipes and masks. 

In order to receive a Wipe Out! settlement payment, class members must submit a claim for each of the products purchased during the class period. 

Class members who have valid proof of purchase will be entitled to submit a claim for $3 per product purchased, up to a maximum of $15.

Those who do not have proof of purchase are entitled to submit a claim for $2 per product purchased, up to $6 in cash.

If the total dollar amount of all valid claims is more than the available portion of the settlement fund, the payout will be proportionally decreased to account for the available portion of the fund. If the total amount of all valid claims is lower than the settlement fund, the maximums will be increased to $50 for those with proof of purchase and $25 for those without. 

The deadline for exclusion and objection is July 3, 2023.

The final approval hearing for the Tzumi settlement is scheduled for Aug. 28, 2023.

To receive benefits under the Tzumi settlement, class members must submit a valid claim form by July 18, 2023.

Who’s Eligible

Anyone who purchased Wipe Out! Wipes, Wipe Out! Multi-Surface Wipes or Wipe Out! Multi-Surface Decontaminant Spray in the United States on or before April 19, 2023.

Potential Award

$50

Proof of Purchase

Name, address and proof of purchase including receipts showing price paid, date purchased, and location purchased.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/18/2023

Case Name

Proskin, et al. v. Tzumi Innovations LLC, Case No. 22-cv-05919-JSR in the U.S. District Court for the Southern District of New York.

Final Hearing

08/28/2023

Settlement Website

WipeOutSettlement.com

Claims Administrator

Wipe Out Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@WipeOutSettlement.com
833-680-0311

Class Counsel

Russell Busch
Nick Suciu III
Rachel Soffin
Trenton R. Kashima
Hunter Bryson
Zoe T. Aaron 
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 

Joel Smith 
BURSOR & FISHER P.A.

Defense Counsel

Jeffrey J Greenbaum 
William R Tellado 
Katherine M Lieb 
SILLS CUMMIS & GROSS PC