Yet another class action lawsuit has been filed against the Dial Corporation accusing the company of making false claims in the marketing of its <"http://www.yourlawyer.com/topics/overview/Dial-Complete-Antibacterial-Hand-Wash-Soap-Class-Action-Lawsuit">Dial Complete Antibacterial Handwash. This latest Dial Complete class action lawsuit was filed in U.S. District Court for the Southern District of Florida, Miami Division. The plaintiff in the suit is represented by the national law firm of <"http://www.yourlawyer.com/">Parker Waichman Alonso LLP and Neblett Beard & Arsenault.
The Dial Complete line includes body washes, bar soap, liquid hand soap and hand sanitizers. Dial’s marketing materials for these products make such claims as â€œkills 99.99% of germsâ€ and â€œkills more germs than any other liquid hand soap.â€
According to this latest lawsuit, Dial Complete contains Triclosan as its active ingredient. Triclosan was originally developed as a surgical scrub, but is now widely used in consumer products such as soap and body washes, toothpaste, clothing, kitchenware, furniture and toys.
According to the Florida Dial Complete lawsuit, while companies that manufacture products containing Triclosan – including Dial Complete – claim that it is safe, the Environmental Protection Agency (EPA) has registered it as a pesticide and has rated it high for human health risk and environmental risk.
According to the complaint, Dial Corporation claims that Triclosan enables Dial Complete to outperform other soap products. For example, one promotional video for Dial Complete that targets janitorial product suppliers claims the product has the â€œhighest level of germ killing action,â€ â€œis the â€œ#1 antibacterial foaming hand soapâ€, and its â€œpatented activated Triclosan formulaâ€ allows it to be â€œ25x more effective than other antibacterial soaps.”
The lawsuit points out that in 2005, the U.S. Food & Drug Administration (FDA) concluded that antimicrobial soaps and sanitizers do not reduce the risk of illness and infection in the home. The Canadian Pediatric Society and the American Medical Association have concluded similarly. Then, in an April 8, 2010 â€œConsumer Updateâ€, the FDA stated that it does not have evidence that Triclosan-containing antibacterial soaps and body washes provide any extra health benefit over soap and water alone. Despite these facts, Dial “has continued to aggressively advertise Dial Complete as having substantial health benefits and being more effective in its use than ordinary soap and water,” the complaint alleges.
This is not the first lawsuit that has accused Dial Corporation of misleading representation in its marketing of Dial Complete. As we reported earlier this month, a lawsuit making many of the same claims was filed in U.S. District Court, Northern District of Ohio, Eastern Division. A similar complaint was also filed in federal court in Illinois last September. All of these Dial Complete class action lawsuits have been brought on behalf of consumers who purchased the product.