PCPC Weighs In On Hand Sanitizer ‘Kills 99.99% Of Germs’ Appeal Pending In Ninth Circuit
Executive Summary
Do reasonable consumers expect that a hand sanitizer advertised as lethal to 99.99% of germs will protect them against 99.99% of pathogens on the planet? Can a federal court address that point at the pleadings stage? Such questions will fall to the US Court of Appeals for the Ninth Circuit following dismissal of a putative class action against Vi-Jon in 2021 by California’s Southern District.