Shana Gudgel v. The Clorox Company
Published: Feb. 19, 2021 | Result Date: Jan. 21, 2021 | Filing Date: Aug. 14, 2020 |Case number: 4:20-cv-05712-PJH Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Daniel S. Levinson
(Levinson Stockton LLP)
Justin R. Stockton
(Levinson Stockton LLP)
William Charles Wright
(The Wright Law Office)
Defendant
Kathryn E. Cahoy
(Covington & Burling LLP)
Emily J. Henn
(Covington & Burling LLP)
Ashley M. Simonsen
(Covington & Burling LLP)
Facts
Plaintiff Shana Gudgel filed a class action lawsuit against Defendant the Clorox Company that involved Defendant's Clorox's Splash-less Bleach product and asserted causes of action for violations of California Consumers Legal Remedies Act, Unfair Competition Law, False Adverting Law, negligent misrepresentation, unjust enrichment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's product packaging and marketing misled reasonable consumers to believe that the product was suitable for eliminating bacteria, but the product was not suitable for that purpose. Plaintiff contended that after the World Health Organization declared COVID-19 a pandemic, she purchased a container of Clorox Splash-less Liquid Bleach based on the belief that it would be sufficient for disinfecting surfaces and controlling the spread of the coronavirus. However, Plaintiff contended that after she bought the product, she learned that the product contained only 1-5 percent of the active ingredient in bleach, but a minimum of 5 percent sodium hypochlorite was needed to be an effective disinfecting agent. Thus, Plaintiff contended she was misled by Clorox's labeling and advertising that the product was effective for disinfecting.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and moved to dismiss the complaint.
Result
The court granted Defendant's motion to dismiss after it concluded a reasonable consumer would not have been misled.
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