Wet Ones, Purell Germ-Killing Cases Argued Before Ninth Circuit

Lawyers for makers and consumers of Wet Ones, Purell, and CVS-brand hand sanitizers faced questioning Thursday from an appeals court panel hearing arguments in three cases challenging the statement that their products could “kill 99.99% of germs.”

Consumers contend Wet Ones maker Edgewell Personal Care Co., Purell maker Gojo Industries Inc., and CVS Pharmacy Inc. deceptively exaggerated the products’ germ-fighting capabilities because they’re not effective against certain pathogens.

While the cases deal with specific marketing representations, they address broader issues in class litigation over consumer product marketing, in particular how a court should gauge a “reasonable consumer’s” understanding of ...