Special Master Says Philips’ False Advertising Counterclaims Against SoClean Should Proceed

HARRISBURG, Pa. — A special master has recommended denial of SoClean Inc.’s motion to dismiss counterclaims that SoClean’s ozone disinfecting equipment for Philips Respironics’ CPAP and BiPAP machines was destructive and triggered a June 2021 recall of the devices.

In a May 29 report and recommendation filed before Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania, Hon. Thomas I. Vanaskie (Ret.) allowed Philips’ counterclaims for false advertising and trademark dilution under the Lanham Act, and deceptive practices to proceed.

The special master found Philips adequately alleged that SoClean’s false assurances that its …