About the only thing certain in these uncertain times is consumer class action litigators’ ability to cobble together a lawsuit based on the Coronavirus. Just as with the Ebola crisis a few years ago, it appears that the Left Coast also has the first Coronavirus consumer class action lawsuit. 
Filed just last week, the lawsuit alleges that a manufacturer of hand sanitizers is marketing its product in a deceptive manner, suggesting that it is effective in killing the coronavirus. Plaintiff points to the fact that the FDA issued a warning letter raising these types of concerns in January. The lawsuit is a reminder that advertising statements that conceivably influence a consumer’s buying decision–such as a product’s efficacy–can be the basis of a consumer protection lawsuit. The lawsuit is styled David v. Vi-Jon, Inc. (S.D. Cal. Case No. 3:20-cv-99999)
