SoClean Uses Toxic Ozone to Clean CPAP Machines Alabama Class Action

SoClean, Inc. makes devices that are meant to clean continuous positive airway pressure (CPAP) and similar machines. However, the devices work through the use of ozone, which the complaint for this class action calls “an unstable toxic gas with a pungent characteristic odor…” The complaint alleges that in order for the ozone to be effective for cleaning purposes, it must be “present in a concentration far greater than can be safely tolerated by people or animals.”

The class for this action is all persons who were or are citizens of Alabama who bought or used a SoClean device to clean and sanitize their CPAP, BiPAP, or mechanical ventilation machine.

The SoClean devices at issue in this case include the SoClean 2 CPAP Sanitizing Machine, the SoClean 2 Go CPAP Sanitizing Machine, and their predecessors.

The devices do not bear warnings that they emit ozone, which the complaint claims is a requirement under federal law. Instead, the complaint alleges, the ozone is referred to as “activated oxygen.” The complaint alleges, “SoClearn markets the devices as ‘safe’ and ‘healthy,’ which is false give[n] that they generate toxic ozone gas at levels that substantially exceed federal regulations.”

Also, the complaint says, “SoClean falsely represents that its devices use ‘no water or chemicals’ or ‘no harsh chemicals’ to clean CPAP machines, despite using ozone gas—a harsh chemical that causes respiratory problems in humans.”

Another claim made by SoClean, the complaint alleges, is that its devices use the same process as in “hospital sanitizing.” However, the complaint claims, “hospitals cannot and do not use ozone sanitizers in spaces occupied by patients.”

SoClean separately sells filters that it claims will change “activated oxygen” to “regular oxygen,” but the complaint alleges that the filters cannot do this.

SoClean also says that is devices are “sealed” so that the “activated oxygen” does not escape, but the complaint charges, “SoClean devices are so dangerous and destructive that several 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.”

Despite all this, the complaint alleges that SoClean’s claims have allowed it to take ninety percent of the CPAP-cleaning-device market. This is a problem, the complaint claims, because users of CPAP machines all have breathing problems to begin with and should not be exposed to a toxic gas.

The complaint reproduces online postings about the devices that claim that users experienced asthma attacks, trouble breathing, chest pains, and other symptoms.

The complaint alleges, “SoClean’s representations are designed to mislead consumers into believing that the machine uses a benign form of oxygen to clean CPAP machines rather than a harsh gas that is generally only suitable for commercial sanitization under highly controlled conditions.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals