SoClean, Inc. makes devices for cleaning continuous positive airway pressure (CPAP) machines. The devices use ozone for their sterilizing and deodorizing functions. The complaint for this class action alleges that the company falsely represents its devices, because “[t]o be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by people or animals.”
The class for this action is all citizens of Alabama who bought or used a SoClean device to clean and sanitize their CPAP, BiPAP, or mechanical ventilation machine.
At issue in this case are what the complaint calls the “false and misleading representations” SoClean uses to market its SoClean 2 CPAP Santizing Machine, the SoClean 2 Go CPAP Sanitizing Machine, and their predecessors.
Ozone is a toxic gas that is able to kill bacteria and viruses. According to the complaint, “SoClean’s marketing materials fail to disclose that its devices emit ozone, which is a longstanding requirement of federal law. 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[n] that they generate toxic ozone gas at all levels that substantially exceed federal regulations.”
SoClean also claims that its devices use “no harsh chemicals,” but the complaint says that ozone itself is “a harsh chemical that causes respiratory problems in humans.” SoClean also says that its sanitizing process is the same as that used in hospitals, but the complaint alleges that “hospitals cannot and do not use ozone sanitizers in spaces occupied by patients.”
In addition, the company sells filters that it claims convert “activated oxygen” into “regular oxygen,” but the complaint claims that the filters “have no measurable effect on the device’s ozone output.”
In fact, the complaint alleges, SoClean’s devices are “so dangerous and destructive” that even the makers of CPAP machines do not approve of them: “[S]everal 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.”
Even so, SoClean has ninety percent of the market for such cleaners.
The complaint quotes from online postings of people who have used SoClean’s devices and experienced respiratory problems or asthma attacks thereafter.
The counts include breaches of warranties, negligent and fraudulent misrepresentation, and fraud by omission, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
SoClean CPAP Cleaning Devices Ozone Use Alabama Complaint
September 30, 2021
SoClean, Inc. makes devices for cleaning continuous positive airway pressure (CPAP) machines. The devices use ozone for their sterilizing and deodorizing functions. The complaint for this class action alleges that the company falsely represents its devices, because “[t]o be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by people or animals.”
SoClean CPAP Cleaning Devices Ozone Use Alabama ComplaintCase Event History
SoClean CPAP Cleaning Devices Ozone Use Alabama Complaint
September 30, 2021
SoClean, Inc. makes devices for cleaning continuous positive airway pressure (CPAP) machines. The devices use ozone for their sterilizing and deodorizing functions. The complaint for this class action alleges that the company falsely represents its devices, because “[t]o be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by people or animals.”
SoClean CPAP Cleaning Devices Ozone Use Alabama Complaint