CVS Gets Hand Sanitizer Deception Suit Win Affirmed at 9th Cir.

CVS Pharmacy Inc. and Vi-Jon LLC convinced a federal appeals court not to revive a proposed class action over their hand sanitizer efficacy claims.

The US Court of Appeals for the Ninth Circuit in an unpublished opinion affirmed the dismissal because the plaintiff didn’t plausibly allege reasonable consumers would be misled by the labels.

• Plaintiff Joseph Mier alleged claims that hand sanitizer “kills 99.99% of Germs” were false
• But the front label has an asterisk that leads to a statement that says the sanitizer kills a subset of many common germs, the Ninth Circuit said
• Judges Ryan D. Nelson, Kenneth ...