Clorox Splash-Less Bleach Too Weak to Disinfect and Sanitize, Class Action Claims [UPDATE]

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Clorox’s Splash-Less Bleach does not contain enough of its active ingredient to effectively disinfect surfaces, a proposed class action alleges, claiming the company’s “deceptive” advertising of the product is particularly harmful given the country is still gripped by the COVID-19 pandemic.

According to the 16-page lawsuit, the Clorox Company’s addition of ingredients to achieve higher viscosity for Splash-Less Bleach has reduced the concentration of sodium hypochlorite in the product to between one and five percent, an amount that’s simply too weak to sanitize and disinfect. 

Moreover, the inaccuracies concerning the product’s effectiveness carry a greater weight given bleach sales nationwide have spiked amid the ongoing COVID-19 pandemic, the plaintiff, a California consumer, alleges.

“When The Clorox Company first began selling its splashless [sic] bleach product without adequately disclosing that it wasn’t suitable for sanitizing or disinfecting it was deceptive advertising, but in the midst of today’s pandemic it is a more serious matter,” the lawsuit reads. 

Sodium hypochlorite, which has chemical properties similar to chlorine and is the active ingredient in disinfectants, is only effective against bacteria, viruses and fungi in concentrations above five percent, according to the complaint. Per the suit, the Centers for Disease Control and Prevention recommends diluting five tablespoons of standard-grade bleach per gallon of water. 

As the lawsuit tells it, Clorox’s sales have skyrocketed amid the public health crisis, with the Oakland, California company’s CEO, Benno Dorer, relaying to media outlets early in the pandemic that the defendant has struggled to keep up with consumer demand for cleaning products, including liquid bleach. While Clorox bleach has long held the mantle of being the go-to product for disinfecting and sanitizing, its role as a disinfectant has become “even more pervasive” amid the COVID-19 pandemic, the case says, citing a recent Harris poll of more than 2,000 consumers indicant Clorox “is viewed by Americans as one of the most essential companies in the U.S.” during the coronavirus crisis.

The suit says, however, that while bleach sales have soared across the board during the pandemic, a crucial difference between Clorox’s regular bleach and its splash-less solution, touted as able to disinfect and whiten, brighten and deodorize surfaces and clothes, has gone “undetected” among consumers.

“The splashless Clorox bleach isn’t suitable for sanitizing or disinfecting,” according to the case.

More specifically, the formula used by Clorox for splash-less bleach was developed to have a higher viscosity “in direct response to consumer comments about bleach splashing when poured into washing machine dispensers,” the lawsuit says, citing comments from Clorox associate director of brand engagement Rita Gorenberg.

The issue, the complaint claims, is that Clorox altered the concentration of sodium hypochlorite necessary to be strong enough to sanitize and disinfect by adding the ingredients needed to achieve higher viscosity. Whereas regular Clorox bleach has a sodium hypochlorite concentration of between five and six percent, the company’s splash-less formula has a concentration of the active ingredient to a variable one to five percent, according to the lawsuit.

Compounding matters is consumer confusion between Clorox’s regular bleach versus its splash-less variety, the case continues, charging many buyers have mistakenly bought the wrong formula due to the products’ similar designs and take issue with the splash-less bleach’s slogan.

“Consumers have also taken issue with the splashless formula's slogan claiming, ‘It’s the same Clorox product you love, now with more power per drop’ and ‘10x Deep Cleaning Benefits,’” the complaint says. “Clorox’s choice to include the exact amount of the sodium hypochlorite on the regular product but exclude the percentage from the splashless variety is also a major cause for concern.” 

Though the label of Clorox’s splash-less bleach does disclose that it is not meant for sanitization or disinfection, it does so only on the back label in small print, the case points out.

The lawsuit looks to represent all consumers in the United States who bought Splash-Less Clorox bleach during the applicable statute of limitations period.

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