CVS Exits Hand Sanitizer ‘Kills 99.99% of Germs’ False-Ad Suit

CVS Pharmacy Inc. and manufacturer Vi-Jon LLC have won dismissal of a proposed class suit alleging they mislead consumers by overstating Advanced Formula Hand Sanitizer’s ability to kill germs.

The front label said the CVS-brand hand sanitizer “Kills 99.99% of Germs*.” The asterisk directs consumers to a statement on the back label that reads: “Effective at eliminating more than 99.99% of many common harmful germs and bacteria in as little as 15 seconds.”

Lead plaintiff Joseph Mier alleged consumers would think the product kills 99.99% of germs commonly found on hands, a claim that’s deceptive because alcohol-based hand sanitizers don’t ...