Dallas, TX asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas

Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and inconsistent against the products labeling and falsifying the safety of the warehouse and all of its employees. Is there any way this company can be sued for falsifying the safety of its employees for millions of dollars.

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Although a single bad behavior can be both a crime and a tort, this particular action is neither.

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