Overview
(February 2, 2024) – On behalf of a major US retailer and a manufacturer of hand sanitizer products, Steptoe recently won dismissal of a proposed consumer class action alleging that the labels on their hand sanitizer products are misleading. The lead plaintiff alleged consumers would think the “kills 99.99% of germs*” and “*effective at eliminating 99.99% of many common harmful germs in as little as 15 seconds” statements on the product’s label meant that the product would kill all or almost all germs that could possibly be found on consumers’ hands. The Central District of California, citing recent Ninth Circuit precedent, held that a reasonable consumer would understand that the product is intended to kill “many common harmful germs” rather than “all germs” on consumers’ hands. The Steptoe team has been representing manufacturers and retailers of hand sanitizers since 2020. In that time, the team has obtained eight dismissals of cases pending in California, New York and Florida, as well as multiple denials of class certification and one order decertifying a consumer class.
The Steptoe team is headed by senior counsel Carol Brophy, and includes partners Tony Hopp, Jeremy Goldkind, Shannen Coffin and Anthony Anscombe, and associate Melanie Ayerh.
About Steptoe
In more than 110 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, Hong Kong, Houston, London, Los Angeles, New York, San Francisco, and Washington. For more information, visit www.steptoe.com.
