SoClean Urges MDL Judge to Dismiss Philips’ False Advertising Counterclaims

HARRISBURG, Pa. — SoClean Inc. is urging a Pennsylvania federal judge to dismiss counterclaims that its ozone disinfecting equipment for Philips Respironics’ CPAP and BiPAP machines was destructive and triggered a June 2021 recall of the devices.

In an Aug. 6 objection to a special master’s recommendation that Philips’ counterclaims for false advertising and trademark dilution under the Lanham Act be allowed to proceed, SoClean argues that Philips failed to plausibly allege direct injury from SoClean’s advertising.

“At best, Philips alleges that each time a consumer was ‘deceived’ into buying a SoClean device to clean their Philips device, there was …