SoClean falsely tells customers its CPAP cleaning devices are “safe” and “healthy” when they actually emit the toxic ozone gas at levels unsafe to humans, a new class action lawsuit alleges.
Plaintiff Ralph Gemelli filed the class action complaint against SoClean, Inc. June 7 in a Florida federal court, alleging violations of state and federal consumer laws.
SoClean makes devices used to clean continuous positive airway pressure (CPAP) machines.
According to the complaint, the company concealed from consumers that there was a risk of ozone exposure from using its SoClean 2 CPAP Sanitizing Machine, the SoClean 2 Go CPAP Sanitizing Machine and their predecessor devices.
“SoClean markets the devices as ‘safe’ and ‘healthy,’ which is false given that they generate toxic ozone gas at levels that substantially exceed federal regulations,” the lawsuit states.
The SoClean devices work by generating ozone to sterilize and deodorize CPAP machines, the lawsuit says.
Ozone (O3) is an unstable toxic gas with a pungent characteristic odor that can kill bacteria and viruses. To be effective as a germicide, ozone must be present in a concentration far greater than can be safely tolerated by humans or animals, the lawsuit alleges.
Despite emitting ozone, SoClean’s marketing materials fail to disclose the fact, which is a longstanding requirement of federal law, the plaintiff alleges. The omission is particularly egregious considering many of SoClean’s customers are already sick, the lawsuit states.
Gemelli seeks to represent anyone from Florida who purchased or used a SoClean device to clean and sanitize their CPAP, BiPAP or mechanical ventilation machine.
He’s suing for breach of warranty, fraudulent misrepresentation, fraud by omission and unjust enrichment and seeking certification of the class action lawsuit, damages, fees, costs and a jury trial.
Last October, a consumer hit SoClean with a similar class action lawsuit, alleging it falsely tells customers its CPAP cleaning devices are safe.
If you have owned or used a SoClean cleaner device to sanitize your CPAP machine, you may be able to join a class action lawsuit for damages arising from your exposure to toxic levels of ozone and for your purchase of the device.
Owners of other CPAP cleaning devices that use similar technology, such as VirtuCLEAN, Purify 03, Zoey, or Sleep 8, may also be able to join a class action lawsuit investigation.
The plaintiff is represented by Katherine Earle Yanes of Kynes Markman & Felman, Ruth Anna French-Hodson of Sharp Law Firm and Gary E. Mason and Danielle L. Perry of Mason LLP.
The SoClean Class Action Lawsuit is Ralph Gemelli v. SoClean, Inc. , Case No. 8:22-cv-01312-CEH-CPT, in the U.S. District Court for the Middle District of Florida, Tampa Division.
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Please add my name to the class action lawsuit I purchased a So-clean machine for my Phillips c-pap machine from my doctor approximately 2 years ago and now I cannot use it.
Purchased the SoClean2 for my husband in June 2018, it was used with his Phillips DreamStation CPAP machine
Please add Alice Caldwel to the lawsuit
I have used SoClean 2 for several years. Please add me to the class action lawsuit.
How do I get added to the lawsuit?
I used mine fir over a year and now I have pulmonary fibrosis and conic sinus problems. Can I be added to class action.
I have been using the So-Clean since Jan. 19, 2018. How do I get in on this class action law suit?
Have been diagnosed with Pseudomonas infection, heart disease, thought I has MAC infection, all since using the SoClean and my doctors have not been ale to put a finger on why I have this until I read the SoClean Lawsuit information. Please add my name to the Lawsuit!
I have been using since January 30th, 2017. Please add my name to the lawsuit.
I use a sol clean with my red meds have been for a few years now.
Hi! Can you tell me how I am able to join in on the SoClean Class Action Lawsuit?
Please add my name to the law suit.I have using the soclean 2 for over 5 years and have developed respiratory and heart issues during my use.with my cpap
I used a So-Clean with my Res-Med for approximately 4 years. Please add me to the list for the class-action.
I purchased a Soclean about 4 years ago and would like to be either included in the class action lawsuit or sent information how I sign up or who I need to contact.
I would like to be included in the SoClean class action suit. I have had trouble breathing and have developed a problem in my lungs.
I bought and have been using the SoClean2 since February, 2020. I have gradually been having more respiratory issues. Also read that it may have affected the ResMed cpap that I use. Should I replace the ResMed cpap I presently use that may be damaged or wait for your advice. SoClean is washing their hands with all of this and blaming Phillips for spreading lies. Please advice and add me to the class action suit
Started 2019 with it! Start getting a rash around my nose and mouth. Doctor asked if I was using a soclean. Yes he said stop using it. That’s what causing the issue. He advised me of these law suits.
Started 2019 with it! Start getting a rash around my nose and mouth. Doctor asked if I was using a soclean. Yes he said stop using it. The causing the issue. He advised me of these law suits.
Been using the soclean 2 for years. Add me
I’ve used my So Clean for 3 1/2 years. Please include me in the class action suit.
PLEASE ADD ME, I BOUGHT ONE OF THESE FOR MY HUSBAND TO CLEAN HIS CPAP WITH.
Add me pls had it 5 years now
I have been using my cleaner for two years I got it from QVC. Add me please
Add me, been using for about 4 years
I have SoClean I & 2 = add me
I have used one for 6 year’s. Add me, please.
PLEASE ADD ME TO THE SOCLEAN CLASS ACTION LAWSUIT
I have a SOCLEAN2 and am experiencing issues. Please count me in.
I have been using so clean for 3 years now! Please add me…
I have had a so clean 2 for a fee years and funny I have developed a cough over the years but never thought anything of it till now ! Please add me to this act.
Hi I have a SoClean machine and paid $299 for something that could possibly kill me. Would you please add me to the class action lawsuit class or send me info on how I sign up please. Thank you
Could you please contact me, my mom used one for over 2 years and I have watched her quality of life steadily deteriorate during that time to the point she could barely walk 50 ft without exhaustion. It has caused permanent damage to her lungs and until recently no one ever notified her to stop using it, now they call her daily to pick up the machine.
I use one of these cleaners. Please Add me
This machine cost me $300. I can’t believe it. Add me
Please add me- I have brought 2 of these
I have one of these Cpap cleaners. Please add me.
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SoClean falsely tells customers its CPAP cleaning devices are “safe” and “healthy” when they actually emit the toxic ozone gas at levels unsafe to humans, a new class action lawsuit alleges.... Read More
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