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Philips countersues SoClean 

Philips countersues SoClean 

PITTSBURGH – Philips on Jan. 5 filed a counter lawsuit against SoClean and its private equity owner, DWHP, arguing they "recklessly and unlawfully” marketed their ozone cleaning devices as compatible with its CPAP and BiPAP devices. 

“Contrary to SoClean’s repeated representation of compatibility, SoClean knew that its ozone cleaners had the potential to eat away at Philips Respironics’ PAPs from the inside,” the company states in the lawsuit filed in the U.S. District Court for the Western District of Pennsylvania. “SoClean has known all about the destructive properties of ozone for years.” 

The counter lawsuit follows an urgent medical device field correction issued by Peterborough, N.H.-based SoClean in November that notified users of the availability of a hose and mask adapter to reduce potential risks associated with the previous device design and labeling.   

Philips, which says it has suffered “profound reputational harm and economic losses” from SoClean and DWHP’s conduct, seeks an injunction prohibiting the companies from further violation of false advertising and trademark dilution and from deceptive trade practices in violation of New Hampshire state law. Philips also seeks award damages. 

SoClean originally sued Philips for $200 million in damages in 2021 for blaming its cleaners for problems related to the recall of certain Philips respiratory devices due to degradation issues with sound abatement foam. 

Philips has since conducted expansive testing that the company says has shown that ozone dramatically increases the risk that the foam will degrade in recalled devices. 


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