GOJO secures Ninth Circuit affirmation of PURELL^® class action dismissal

Client(s) GOJO Industries, Inc.

Jones Day successfully defended on appeal a district court’s dismissal of all claims against GOJO Industries, Inc., the maker of PURELL^® hand sanitizer products, in a putative class action filed in federal court in California. The plaintiff sought to represent a putative class of consumers to pursue claims that PURELL^®'s label claim "kills more than 99.99% of germs" was false or misleading in violation of state consumer protection and false advertising laws. The United States District Court for the Central District of California granted Jones Day's motion to dismiss the action in its entirety and without discovery on GOJO, agreeing that PURELL^®'s label claim is not misleading to a reasonable consumer. On appeal, a unanimous panel of the United States Court of Appeals for the Ninth Circuit affirmed dismissal and denied the plaintiff leave to further amend.

Krista Robles v. GOJO Industries, Inc., No. 22-55627 (9th Cir.)