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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.


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