Florida Man Files Dial Complete Class Action LawsuitMay 12, 2011 | Parker Waichman LLP
Parker Waichman LLP is representing a Florida man in a class action lawsuit alleging the company made false claims in the marketing of Dial Complete Antibacterial Handwash. This is at least the third class action lawsuit filed in the past year that challenges Dial Complete marketing claims.
The plaintiff in the Florida Dial Complete class action lawsuit brought the claim on behalf of himself and all Florida residents who purchased the product. The lawsuit claims he and millions of other consumers purchased Dial Complete because they saw and relied on the purported health benefits described by Dial Corporation's marketing materials.
Those marketing materials, including a website, advertising, and in-store media make such claims as “kills 99.99% of germs” and “kills more germs than any other liquid hand soap.” The company further claims that Triclosan, the product's active ingredient, enables Dial Complete to outperform other soap products. Its marketing even goes so far as to claim that Dial Complete is effective at preventing E. coli, Salmonella and Staphylococcus aureus.
In disputing the Dial Complete marketing claims, the Florida lawsuit points out that an April 8, 2010 “Consumer Update”, the U.S. Food & Drug Administration (FDA) stated that it does not have evidence that Triclosan-containing antibacterial soaps and body washes provide any extra health benefit over soap and water alone. Despite these facts, Dial "has continued to aggressively advertise Dial Complete as having substantial health benefits and being more effective in its use than ordinary soap and water," the complaint alleges.
According to the complaint, the Environmental Protection Agency (EPA) has registered Triclosan as a pesticide and has rated it high for human health risk and environmental risk. It also points out that several studies have shown that bacterial can build up a resistance to Triclosan due to repeated use, something not mentioned by the Dial Complete marketing materials.
The Dial Complete lawsuit seeks “restitution, disgorgement, actual, statutory and punitive damages, and attorneys’ fees and costs, including pre-judgment and post-judgment interest thereon; and a temporary, preliminary and permanent order for injunctive relief to prevent the Dial Corporation from continuing to engage” in the unfair business practices alleged.