SoClean Seeks Dismissal of Philips’ False Advertising, Deceptive Practices Counterclaims
February 6, 2024
HARRISBURG, Pa. — SoClean Inc. has asked a Pennsylvania federal judge to dismiss claims that its ozone disinfecting equipment for Philips Respironics’ CPAP and BiPAP machines was destructive and triggered a June 2021 recall of the devices.
In a Feb. 2 motion filed before Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania, SoClean says Philips’ three counterclaims accusing it of making false claims about “compatibility” with Philips CPAP devices fail for lack of proximate cause.
According to Philips, SoClean was aware of ozone’s destructive properties for years,” yet “fed Philips Respironics PAP users …
- Baker Botts LLP
- Proskauer Rose LLP
- Sullivan & Cromwell LLP