SoClean, Inc. makes devices to clean continuous positive airway pressure (CPAP) machines. But the complaint for this class action alleges that SoClean uses ozone for cleaning, and that it makes false statements about both this toxic gas and its devices, misrepresenting their potential dangers to humans.
The class for this action is all persons who were or are citizens of Texas who bought or used a SoClean device to clean and sanitize their CPAP, BiPAP, or mechanical ventilation machine.
The cleaning devices include the SoClean 2 CPAP Sanitizing Machine, the SoClean 2 Go CPAP Sanitizing Machine, and their predecessors. These machines work by producing ozone to sterilize and deodorize the CPAP machines.
But ozone (O3) is an unstable gas that is toxic to humans, although it can kill bacteria and viruses. It has a characteristic smell and is sometimes described as “clean smelling.” The complaint alleges, “To be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by people or animals.”
The complaint claims that SoClean violates federal law in that its marketing materials do not reveal that the machines give out ozone. “Instead,” the complaint alleges, “SoClean falsely represents that its devices use ‘activate oxygen’ to clean CPAP machines.” The company claims that its devices are “safe” and “healthy,” which the complaint calls “false give[n] that they generate toxic ozone gas at levels that substantially exceed federal regulations.”
According to the complaint, SoClean makes other misleading or false statements as well. For example, it claims that the devices use “no water or chemicals” and “no harsh chemicals” for cleaning, even though it uses ozone gas, which the complaint calls “a harsh chemical that causes respiratory problems in humans.”
Another claim SoClean makes is that the devices offer the same process used in “hospital sanitizing,” even though the complaint asserts hospitals do not use ozone sanitizers in spaces used by patients. SoClean offers separate filters it claims convert the “activated oxygen” into “regular oxygen,” but the complaint claims that the filters “have no measurable effect on the device’s ozone output.”
SoClean also says its devices are in some way “sealed” so that the “activated oxygen” does not escape. Strikingly, however, the complaint alleges that the devices are so “dangerous and destructive” that some of the major US manufacturers of CPAP machines tell purchasers that if they use a SoClean device for cleaning, they will void the warranty on CPAP machine.
The complaint alleges that SoClean has ninety percent of its market, despite the fact that CPAP users by definition have breathing problems.
The claims include breaches of warranties and fraudulent and negligent misrepresentation, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
SoClean CPAP Cleaning Devices Produce Ozone Texas Complaint
September 20, 2021
SoClean, Inc. makes devices to clean continuous positive airway pressure (CPAP) machines. But the complaint for this class action alleges that SoClean uses ozone for cleaning, and that it makes false statements about both this toxic gas and its devices, misrepresenting their potential dangers to humans.
SoClean CPAP Cleaning Devices Produce Ozone Texas ComplaintCase Event History
SoClean CPAP Cleaning Devices Produce Ozone Texas Complaint
September 20, 2021
SoClean, Inc. makes devices to clean continuous positive airway pressure (CPAP) machines. But the complaint for this class action alleges that SoClean uses ozone for cleaning, and that it makes false statements about both this toxic gas and its devices, misrepresenting their potential dangers to humans.
SoClean CPAP Cleaning Devices Produce Ozone Texas Complaint