Cases

SoClean Class Action Lawsuit

5 Aug, 2022

SoClean CPAP cleaners may emit ozone gas at unsafe levels.

SoClean
(PRNewsfoto/SoClean)

Those who have owned or used the device may be eligible to join a class action lawsuit.

 Ozone is a toxic gas that can kill bacteria and viruses, but there is a cost. If the concentration of the ozone is strong enough to kill bacteria and viruses, it is also unsafe for people and animals. Companies that manufacture devices that emit ozone are required to disclose that information. The SoClean CPAP sanitizer machines work in sterilizing machines, but the manufacturer has failed to disclose that its products emit ozone, according to a SoClean lawsuit. In fact, SoClean has claimed the devices are “safe” and “healthy”, the lawsuit claims. SoClean CPAP sanitizer owners may be able to join a class action lawsuit against the company for falsely advertising the safety of their products.

Do You Qualify?

 If you have owned or used a SoClean cleaner device to sanitize your CPAP machine, you may have the standing to join a class action lawsuit for your exposure to toxic levels of ozone. 

SoClean Facing Multiple Legal Challenges

SoClean is attached to two major legal challenges regarding potential harm to customers. The first has to do with the allegation that SoClean’s ozone levels are exposing CPAP users to potentially serious health conditions. According to the lawsuit, the company used marketing designed to mislead consumers into believing the machine uses a safe form of oxygen to clean the machines.

“SoClean’s marketing materials fail to disclose that its devices emit ozone, which is a longstanding requirement of federal law,” lead plaintiff Steve Landers said in his lawsuit.

“Instead, SoClean falsely represents that its devices use ‘activated oxygen’ to clean CPAP machines. SoClean markets the devices as ‘safe’ and  ‘healthy; which is false give that they generate toxic ozone gas at levels that substantially exceed federal regulations.”

“SoClean devices are so dangerous and destructive that several of the largest manufacturers of CPAP machines in the United States require purchasers to acknowledge that they have been informed that if the purchaser uses a SoClean device to clean their CPAP machine, the warranty of their CPAP machine will be voided,” Landers claims in the lawsuit.

 

SoClean Challenges Phillips

SoClean involved itself in a lawsuit of its own. The company has filed a $200 million lawsuit against Phillips, a CPAP machine maker, saying its CEO suggested in an earnings call that SoClean’s machines could exacerbate a CPAP defect that caused a recall of Phillips CPAP machines.

Phillips recalled its CPAP, Bi-Level PAP, and mechanical ventilator devices that contained a noise-canceling foam that could degrade and enter the device’s pathway and be inhaled by the end-user. One plaintiff is taking aim at both companies for not providing safe toxic-free devices.

The lawsuits and recalls have caused supply shortages as the company scrambled to fix the problems.

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