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Clorox Pine-Sol Recall Followed by Consumer Deception Suit (1)

Clorox Co.was hit with a proposed class suit alleging it failed to disclose that some of its Pine-Sol branded cleaning products could contain bacteria, days after the company issued a recall.

The popular cleaners could contain Pseudomonas aeruginosa bacteria, which can lead to life-threatening infection, New Yorker Charles Scandore alleges in a suit filed Thursday in the US District Court for the Eastern District of New York.

The risk of serious infection is of particular concern to immunocompromised individuals, he says.

Scandore, who bought Pine-Sol Lemon Fresh cleaner, says he lost the benefit of his bargain because he received a worthless product.

Clorox on Tuesday recalled 37 million units of certain Pine-Sol cleaners produced between January 2021and September 2022 for possibly containing bacteria, the Consumer Product Safety Commission said.

People with healthy immune systems are usually not affected by the bacteria, and no injuries have been reported, the CPSC said. The company is offering refunds, the commission’s announcement said.

Causes of Action: New York General Business Law Sections 349 and 350 (consumer protection and false advertising); express warranty;

Relief: Medical monitoring; monetary, statutory, treble, and punitive damages; attorneys’ fees and costs.

Potential class size: Unknown number of persons in nationwide class; New York subclass.

Response: “While we don’t comment on the specifics of pending litigation, we take this issue seriously and are fully committed to ensuring that all of our products meet the highest quality standards,” a Cloroxspokesperson said. “In cooperation with the Consumer Product Safety Commission, we’ve initiated a voluntary recall of certain scented Pine-Sol products and are working to provide a refund to consumers impacted by the recall,” the company said.

Attorneys: Sultzer Law Group PC represents Scandore and the proposed class.

The case is Scandore v. Clorox Co., E.D.N.Y., No. 2:22-cv-06545, complaint 10/27/22.


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