Clorox Agrees It Will Pay $14.15 Million Civil Penalty

Recently, Clorox agreed it would pay a $14.15 civil penalty for knowingly failing to immediately report a bacterial hazard—a defect that could create a substantial product hazard of generated an unreasonable danger of serious injury or death— with Pine-Sol Scented Multi-Surface Cleaning Products. If you suffered harm as a result of using certain Pine-Sol Scented Multi-Surface Cleaning Products, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. We represent plaintiffs around the country, and billions have been recovered in cases with which we’ve been involved.

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In 2019, Clorox microbiologists put out a written report documenting bacterial contamination in finished product and storage tanks, which they specified was “possibly a Pseudomonad.” After that, the company got reports that certain products in stores were cloudy. Similarly, a distributor notified the company of the same problem in multiple locations. While Clorox took steps to mitigate the potential for bacterial contamination, Clorox did not immediately report to the Commission as required.

CPSC suggested that the proposed settlement sent the message that firms that delayed in reporting serious risks would risk paying significant penalties.

In 2022, the CPSC and Clorox announced together that there was a recall of the Pine-Sol scented cleaning products. The affected products were Pine-Sol Scented Multi-Surface Cleaners in Lemon Fresh, Sparking Wave, and Lavender Clean Scents. This recall specified that the recalled items might include bacteria, such as Pseudomonas aeruginosa, an environmental organism pervasive in water and soil. Those who have weakened immune systems or have external medical devices, exposed to this bacteria, are at serious risk of infection requiring medical care.

The settlement between CPSC and Clorox included not only a $14.15 million civil penalty but also a requirement that Clorox put in place and keep internal controls and procedures intended to make sure that the company’s products comply with the Consumer Product Safety Act. Clorox also agreed that it would turn in an annual report about its internal compliance policies audit, internal controls, and compliance program. The settlement agreement is subject to public comment.

When a product causes injury or harm because of bacterial contamination or for another defect, it may be appropriate to pursue damages in a product liability lawsuit. Products can be defective in terms of their manufacturing, marketing, or design. In most cases, manufacturing defects are one-offs; that is, they are flaws that don’t affect all units of the product. Meanwhile design defects are flaws to the product’s specifications or design that occur in every unit of the product. Marketing defects most often involve a failure to warn of dangers associated with the product. In this case, the bacterial contamination seems likely to be a manufacturing defect.

If you were harmed by Pine-Sol cleaning products, call the seasoned Chicago-based product liability lawyers of Moll Law Group to determine whether you have a viable claim for damages. We are dedicated to fighting for the rights of injured consumers around the country. Complete our online form or call us at 312.462.1700.