We are proud to announce a significant victory for consumers in our class action lawsuit against Clean Control Corporation, the maker of Odoban, a multi-purpose cleaning product. The United States District Court for the Central District of California has denied Clean Control’s motion to dismiss the claims brought by lead plaintiff Jessica Robertson. This decision ensures that the case will proceed, bringing us closer to holding Clean Control accountable for alleged deceptive advertising.
The lawsuit centers on Clean Control’s claim that a gallon of Odoban concentrate “Makes up to 32 Gallons” of cleaning product. The plaintiff alleges that this statement is misleading because, for most of Odoban’s advertised uses, the concentrate does not yield anywhere near 32 gallons. For instance, when used as a laundry solution, the product only produces one gallon, and as an air freshener, it produces just 6.8 gallons. The lawsuit argues that these discrepancies violate California’s Consumer Legal Remedies Act (CLRA), Unfair Competition Law (UCL), and breach express warranty laws.
In its motion to dismiss, Clean Control argued that consumers could rely on the detailed mixing instructions on the back label to clarify the “Makes up to 32 Gallons” statement. The court rejected this argument, stating that the front label’s claim was sufficiently specific to mislead reasonable consumers. The court noted that phrases like “Makes up to 32 Gallons” carry a concrete meaning and are not vague or ambiguous. Consumers should not be expected to perform complex calculations based on back-label instructions to verify such claims.
The court also found that the plaintiff adequately alleged a breach of express warranty. It ruled that “Makes up to 32 Gallons” constitutes a specific promise about the product’s performance, and the plaintiff sufficiently demonstrated that this promise was not fulfilled. Furthermore, the court recognized the plaintiff’s standing to seek injunctive relief, as she expressed a desire to purchase the product again if its labeling were truthful and accurate.
This victory is a testament to the dedication and expertise of our consumer protection team, and lead attorney for this case, Mike Houchin.
If you purchased Odoban and feel you were misled by its advertising, we encourage you to contact Crosner Legal to learn more about your rights.
- Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills CA 90210
- Phone: (866) 276-7637 [CROSNER]
- Email: intake@crosnerlegal.com
- Fax: (310) 510-6429
We are committed to fighting for consumer rights and ensuring transparency in product advertising. Thank you for your continued trust in Crosner Legal.
This blog post is intended for informational purposes only and does not constitute legal advice.egal advice.