False Ad Suit Against CVS Hand Sanitizer Gains Ground April 30, 2021 Contact Author Rachel Grabenhofer Close Sponsored According to a report by Law360, plaintiff Joseph Mier initially sought, in March 2021, to certify a class of California residents who bought CVS Health brand hand sanitizer under the alleged misleading label that it 'kills up to 99.99% of germs.' He underlined that there are a number of pathogens it cannot kill. On April 29, 2021, California's U.S. District Judge David O. Carter approved the certification, Law360 reports, which suggests a future class action suit against the company. CVS reportedly put forth several arguments as to why the class should not be certified, including that not more than 40 individuals bought the sanitizer based on the allegedly misleading label; those arguments were rejected.