Class Action Lawsuit: FDA Did Not Say Hand Sanitizer Protects Against Preventing Disease
On the heels of the FDA warning Purell for being misleading, a lawsuit has been filed against Target’s Up & Up brand. This class action lawsuit may include all of us!
The FDA says Purell must stop claiming its hand sanitizer will safeguard against getting sick. In other words, the Food & Drug Administration in the United States warned Purell to change a lot of its claims.
Warned to Stop Unsubstantiated Claims
The Target Hand Sanitizer class action cites an FDA Warning Letter. The FDA sent the letter to GOJO company. In it, the FDA says Purell has unsubstantiated claims about the effectiveness of its hand sanitizer. FDA cited several claims that Purell could prevent the flu, Ebola, norovirus and other potentially deadly diseases.
Your labeling claims that PURELL® Healthcare Advanced Hand Sanitizers are effective in preventing disease or infection from pathogens. Such as Ebola, MRSA, VRE, norovirus, flu, and Candida auris. And, in preventing the spread of infection. This goes beyond merely describing the general intended use of a topical antiseptic as set forth in the above-referenced relevant rulemakings.
Furthermore, the claims on your product websites suggest that they are effective in reducing illness or disease-related student and teacher absenteeism. This also goes beyond merely describing the general intended use of a topical antiseptic as set forth in the above-referenced relevant rulemakings. Such claims are not described in any OTC final rule, the above-referenced TFM (see 59 FR 31402, June 17,1994), or any rulemakings being considered under the OTC Drug Review.
What’s the Target class action lawsuit?
Of course, the plaintiff alleges that Target stores advertised their hand sanitizer similarly to the Purell advertising. So, the case is in the US District Court for the Central District of California. As a result, the Target Hand Sanitizer Class Action Lawsuit is Taslkian v. Target Corporation, et al., Case No. 2:20-cv-02667.
If this case settles and damages are awarded, then we will update with information on how to make a claim.
Source: Target Class Action Lawsuit