What’s the Problem?
Plaintiff Paul Lepore alleges that 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 airborne viruses like COVID-19. Molekule further claims that its purifiers:
- “Destroy pollutants at the molecular level”
- “Destroy 3.4 million black mold spores in 50 minutes”
- “Destroy 1 million allergens in 4 minutes”
- “Destroy 3.4 million ms2 viruses in 2 minutes”
- “Destroy 3.7 million bacteria in 5 minutes”
- “Outperform High Efficiency Particulate Arresting (HEPA) filters in every category of pollutant.”
However, these claims — particularly the assertion that Molekule Photoelectrochemical Oxidation (PECO) technology can outright eliminate dust, pollen and other contaminants — are false and misleading, according to the lawsuit. Lepore alleges that the air purifiers do not remove indoor air impurities as advertised, and cannot perform as Molekule, Inc. claims.
“Defendant’s branding, advertising and packaging of the Product is designed to – and does – deceive, mislead, and defraud consumers,” the complaint states.
Plaintiff alleges that Molekule sold more air purifiers at higher prices than it otherwise could have as a result of its fraudulent and misleading claims. The proposed class members — anyone who purchased Molekule air purifiers “during the applicable statutes of limitations” — would not have bought the devices, or would have paid less for them, had they known the truth about the defendant’s representations.