An Ohio woman has filed a class action lawsuit against Dial Corporation, the maker of <"http://www.yourlawyer.com/topics/overview/Dial-Complete-Antibacterial-Hand-Wash-Soap-Class-Action-Lawsuit">Dial Complete Antibacterial Hand Wash, alleging that marketing and advertising materials which claim the hand wash can kill most bacteria and prevent the spread of disease are misleading. The Dial Complete class action lawsuit was filed in U.S. District Court, Northern District of Ohio, Eastern Division (CASE NO. 1:11-cv-00407-DAP).
In marketing Dial Complete Antibacterial Hand Wash, Dial Corporation claims, among other things, that it “kills 99.99% of germsâ€ and “kills more germs than any other liquid hand soap.” According to the lawsuit, its marketing and advertising materials further imply that Dial Complete Antibacterial Hand Wash is effective against infectious diseases including streptococcal infections, Salmonella, E. coli, and Staphylococcus aureus.
Dial asserts that these claims are backed by a competent, credible, and reliable study. But according to the Dial Complete class action lawsuit, Dial fails to disclose that in that study, only 2 strains of bacteria were tested.
Dial also claims that Dial Completeâ€™s active ingredient, Triclosan (first developed as a surgical scrub for doctors), enables Dial Complete to outperform other soap products. But according to the complaint, the U.S. Food & Drug Administration stated in 2010 that it does not have evidence that Triclosan-containing antibacterial soaps and body washes provide any extra health benefit over soap and water alone. The lawsuit also points to various studies which have shown that repeated use of products containing Triclosan result in bacterial resistance, a fact which has prompted the American Medical Association to call for an end to its use.
The Dial Complete class action lawsuit also asserts that Triclosan may be dangerous. It points out that the U.S. Environmental Protection Agency (EPA) lists Triclosan as a pesticide and has rated it high for human health risk and environmental risk.
The Dial Complete class action lawsuit calls Dial Corporation’s claims “False, Misleading, Deceptive, Unfair and Unconscionable.” It further claims Dial Corporation has “no competent, credible and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the scientific fields . . .” to substantiate claims about Dial Complete Antibacterial Hand Wash.
The lawsuit continues:
“Because Plaintiff relied upon the false, misleading, deceptive, unfair and unconscionable claims made by the Defendant, Plaintiff has been damaged in that she purchased Dial Complete and has lost the money she spent purchasing such products, including paying a price premium, while being misled about the Product benefits and she either would not have purchased such products or would not have purchased them for the price that she paid but for her belief in their health benefits as advertised and claimed by Dial.”
The Dial Complete Antibacterial Hand Wash lawsuit alleges that in making these claims, Dial violated Ohio’s Consumer Sales Practice Act. It seeks, among other things, compensatory and punative damages on behalf of all Ohio residents who purchased Dial Complete, as well as injunctive relief enjoining Dial Corporation from continuing the alleged unlawful practices described in the complaint, and a court order compelling Dial to undertake a corrective advertising campaign.