Tuesday, July 13, 2021
Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by representing Wet Ones kill 99.99 percent of germs and are “hypoallergenic” and “gentle.” In dismissing plaintiff’s claims, the court found no reasonable consumer would take these representations to mean that Wet Ones kill 99.99 percent of
all kinds of germs (including those not commonly found on hands), or that the hand wipes are
entirely free of allergens or skin irritants.
The Wet Ones product label states that the wipes “Kill[] 99.99% of Germs.” Plaintiff alleged this statement is misleading because the wipes’ active ingredient is “ineffective against certain viruses, bacteria, and spores, which comprise more than 0.01 percent of germs and can cause serious diseases.” Specifically, Plaintiff alleged the wipes could not protect consumers from – among other conditions – food-borne illnesses, sexually transmitted diseases, polio, and COVID-19.