Sanitisers: consumers can sue
RETAILERS could face potential class actions and personal injury claims from consumers if the quality of sanitisers they are selling do not meet regulatory standards.
This is according to Bonginkosi Ntuli, claims specialist for professional indemnity and liability claims at SHA Specialist Underwriters, a company that evaluates insurance risks.
He said he had heard of people complaining that the skin on their hands was peeling off, others have said small rashes and irritations were evident.
This, he said, could be the result of using inferior quality sanitisers, which could open up retailers to being sued by consumers.
“It’s up to the retailer to ask for the relevant information and ensure that the sanitiser is medically safe,” said Ntuli.
In this regard, he said retailers needed to make sure they have comprehensive general liability cover with accurate policy wording.
“Retailers need to consult their insurers to make sure they are covered for Covid-based claims,” he said.
To avoid any legal action, Ntuli advised retailers to comply with general personal protective equipment requirements and have proof that they are compliant.
“A customer who chooses to use the store’s sanitisers should be warned via the disclaimer of any potential adverse effects of the sanitiser,” he said.
Dr Ishaan Ramkisson, specialist dermatologist, weighed in on the possible side effects of sanitisers on the skin.
“Frequent washing of hands with alcohol-based hand sanitisers can strip away the skin’s natural, protective oils on the top layer of the skin, leading to a compromise of the skin barrier. This can lead to repeated irritation eventually causing an irritant contact dermatitis,” he said.
Ramkisson added that the breakdown of the skin barrier allows allergens into the bloodstream resulting in allergic reactions.
“Hand sanitisers are over-the-counter products. The World Health Organization’s guidelines suggest that to be effective hand sanitisers must contain a minimum of 60% alcohol.
Since the outbreak of Covid-19, sales of sanitisers have soared. It’s become a sought-after product that pharmacies and supermarkets have started limiting the number that people can buy at one time, to avoid their running out of stock.
Although sanitisers can help reduce our risk of catching certain infections, not all are equally effective against the coronavirus.
“Due to the initial shortage, many companies are now producing their own. I would suggest that consumers purchase products from reputable manufacturers,” Ramkisson advised.
Yuven Gounden, spokesperson for the SA Health Products Regulatory Authority (Sahpra), said: “Hand sanitisers registered as medicines will be evaluated for the safety, quality and efficacy in line with the Medicines Act.
“In addition, the manufacturer/ distributor of said sanitiser must be licenced in terms of Section 22C(1)(b) of the Act.”
Gounden said if the sanitiser is graded as medicine, any adverse effects may be reported to a health-care professional, the manufacturer or Sahpra.