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Category: Claim Law

Hand Sanitizers Fall Short on MRSA Claims

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MRSA Claims

The Food and Drug Administration (FDA) sent warning letters to four makers of hand sanitizing products that claim to prevent infection from Methicillin-resistant Staphylococcus aureus (MRSA), E.coli and bird flu. The companies in question are:

Staphaseptic First Aid Antiseptic/Pain Relieving Gel (Tec Laboratories)
Safe4Hours Hand Sanitizing Lotion and Safe4Hours First Aid Antiseptic Skin Protectant (JD Nelson and Associates)

Dr. Tichenor’s Antiseptic Gel (Dr. G.H. Tichenor Antiseptic Co.)

CleanWell All-Natural Foaming Hand Sanitizer, CleanWell All-Natural Hand Sanitizer, CleanWell All-Natural Hand Sanitizing Wipes, and CleanWell All-Natural Antibacterial Foaming Handsoap (Oh So Clean, Inc, doing business as CleanWell Company).

The FDA letters warned each company that their products’ marketing is in breach of federal law and gave them 15 days to correct the violations.

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Richard Arsenault Appears in Wall Street Journal on Gulf Oil Spill Fund

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Gulf Oil Spill Fund

Senior partner in Neblett, Beard & Arsenault, was quoted in the Wall Street Journal today and appeared in the Wall Street Journal’s Law Blog over plans to seek compensation for victims of the Gulf of Mexico Oil Spill from the $20 billion oil spill fund, rather than proceeding with potentially lengthy litigation against BP and other parties.

A partners in his law firm, are among a group of approximately 30 lawyers who are moving their clients’ claims through the oil spill fund.

“Justice delayed is justice denied,” Attorney told the Journal’s Dionne Searcy.
The fund, which is administered by Ken Fienberg , and was set up by BP and the Obama administration, has already paid out $3.35 billion dollars to victims of the spill.

Victims of the oil spill are now deciding whether to opt for potentially quicker compensation through the oil spill fund, or to take their claims through the court system. Victims who seek compensation through the oil spill fund will be barred from filing a lawsuit, and may forfeit future damages that may be awarded by a court.

For many victims, waiting for a courtroom decision may not be possible. Daniel Becnel, a lawyer in Arsenault’s group, explained that many victims need compensation now to avert financial ruin and may not be capable of waiting for a result through litigation.

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FDA Warns Hand Sanitizer Companies: Stop ‘Unproven’ MRSA Claims

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FDA Warns Hand Sanitizer Companies

The Food and Drug Administration announced that it issued Warning Letters to four companies that manufacture or distribute types of hand sanitizers and antiseptic products that inaccurately claim that they can prevent MSRA infections. The following four companies were issued Warning Letters:

1. Staphaseptic First Aid Antiseptic/Pain Relieving Gel, by Tec Laboratorie

2. Safe4Hours Hand Sanitizing Lotion and Safe4Hours First Aid Antiseptic Skin Protectant, by JD Nelson and Associates

3. Dr. Tichenor’s Antiseptic Gel, by Dr. G.H. Tichenor Antiseptic Co.

4. Clean Well All-Natural Hand Sanitizer, Clean Well All-Natural Hand Sanitizing Wipes, and Clean Well All-Natural Antibacterial Foaming Hand Soap, by Oh So Clean Inc., also known as CleanWell Company.

The FDA is concerned that these products are giving consumers a false sense of protection. Unproven claims found on product labels include, but are not limited to such claims as “kills over 99.9% of MRSA”; “helps prevent skin infections caused by MRSA and other germs”; “is effective against a broad spectrum of pathogens, including MRSA.”

MSRA is a very serious problem. It is a bacterium that can cause severe infections that may become life-threatening. Most troubling is that these infections do not respond to standard treatment with the antibiotic methicillin. According to Edward Cox, M.D., M.P.H., director of the FDA Office of Antimicrobial Products, MRSA is extremely difficult to treat.

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