November 13, 2020

Lawsuit Alleges UV Sanitizer Company Misled Users with Virus-Killing Claims, Exposed Plaintiff to Skin Cancer

In what could end up being a class-action lawsuit, a plaintiff has filed suit in the U.S. District Court of New York alleging that UV Sanitizer USA deceptively overstated the properties of its Portable UV Light Sanitizing wand to kill viruses and bacteria. In particular, the plaintiff alleges that the company represented that its product can “eliminate any harmful bacteria and virus” while also being capable of killing 99.9% of viruses, bacteria, germs and molds. In addition, the plaintiff argues that the product is represented as “100% safe,” while failing to provide adequate safety warnings or adequate protective features.

The suit alleges that while the FDA has stated that UV sanitizers must be supplemented with manual cleaning instructions in order to ensure effectiveness, the defendant has misrepresented that its product can take the place of sanitizing wipes and disinfectant chemicals. In particular, the FDA has recommended that in order to ensure safe and effective cleaning of medical devices and accessories, consumers should regularly clean those devices with soap and water. Additionally, the plaintiff argues that the scientific community recognizes that consumers’ use of and exposure to UV radiation puts them at risk for DNA damage and skin cancer, yet the product omits to alert the consumer about exposure to harmful levels of UV radiation.