FDA Announces Laboratory Testing Method for Hand Sanitizers
We have written before on some of the issues relating to hand sanitizers, including troubling information about how some people misuse hand sanitizers in dangerous ways and the FDA’s efforts to publicize information about various hand sanitizers identified by the FDA as being hazardous to users. The FDA has warned consumers not to use those hand sanitizers and has warned importers, consignees, distributors, retailers, and others not to distribute or sell those hand sanitizers, even if the corresponding manufacturers have not recalled them.
Earlier this week, the FDA released a laboratory testing method intended to assess the quality of finished hand-sanitizer products. It is beyond the scope of this brief post to assess the legal or scientific merits of this testing method. However, any company involved in the manufacture, sale, or distribution of hand-sanitizer products may wish to consider the propriety of testing its hand-sanitizer product using this method as a means―assuming, of course, a successful test―of mitigating potential risk of lawsuits arising out of its products. For example, if a person uses a hand-sanitizer product that ultimately is found to have failed this test and suffers an injury, the manufacturer, distributor, and/or seller of that product could face a product liability lawsuit. On the other hand, if a manufacturer/distributor/seller tests its hand-sanitizer products using this new method and achieves favorable results, that information would certainly be helpful in defending any potential future personal injury lawsuit brought by someone who claims to have been injured from the use of that product.