Hands Off for More Sanitizers

Recently we posted about the FDA’s warnings regarding various potential dangers and harmful effects from hand sanitizers. Notwithstanding FDA’s efforts, reports continue of consumers using – or misusing – hand sanitizers and being injured. For example, on August 5, CNN reported about multiple significant injuries caused by people drinking hand sanitizers.

But on the same day that we posted, the FDA released a further update and warned consumers and users of hand sanitizers about a different potential problem: the use of hand sanitizers that contain insufficient active ingredients to be effective. As a result, manufacturers and retailers of hand sanitizers—as well as other cleaning and sanitizing products—should be cognizant that among the litany of potential COVID-19 claims they may face in the future there could be claims that products were insufficiently effective at preventing the spread or transmission of the COVID-19 virus.

Obviously, the ultimate success or failure of any such claim on its merits will depend upon a myriad of facts and factors, but this appears to be yet another example of the breadth and scope of potential claims related to COVID-19 that manufacturers and retailers, and their defense counsel, may be called upon to defend.


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