What's the Problem?
The class action (PDF) alleges that indoor air pollution and air quality are a major concern for consumers, particularly during the coronavirus pandemic. Molekule, Inc. markets its air purifiers as “highly effective” at improving indoor air quality, even claiming that the devices can completely eliminate indoor air pollution and germs, according to the lawsuit.
However, these claims -- particularly the assertion that Molekule air technology can outright eliminate dust, pollen and other contaminants -- are false and misleading, the complaint states. Plaintiffs allege that Molekule air purifiers do not remove indoor air impurities to the extent marketed, and cannot perform as the defendant claims.
Molekule says on its website that the nanotechnology in its air purifiers “destroys pollutants at the molecular level,” citing statistics which show that the devices can destroy “3.4 million black mold spores in 50 minutes,” “1 million allergens in 4 minutes,” “3.4 million ms2 viruses in 2 minutes,” and “3.7 million bacteria in 5 minutes.” The company further alleges that its air filter technology, photoelectrochemical oxidation (PECO), “outperforms” High Efficiency Particulate Arresting (HEPA) filters “in every category of pollutant.”
“Defendant’s branding, advertising and packaging of the Product is designed to – and does – deceive, mislead, and defraud consumers,” the complaint states.
As a result of its fraudulent and misleading claims, Molekule sold more air purifiers at higher prices than it otherwise could have, according to the lawsuit. Plaintiff further alleges that he and the proposed class members -- anyone who purchased the Molekule air purifiers “during the applicable statutes of limitations” -- would not have bought the products, or would have paid less for them, had they known the truth about the defendant’s representations.
The lawsuit is: Paul Lepore v. Molekule Inc. United States District Court, Eastern District of New York - 2:20-cv-02571.